A. The defendant of mistake of facts makes it difficult for the complainant to pay the fraternity money in a way that he/she had failed to pay the fraternity money in a proper manner, and repeats him/her to subscribe again to the number system operated by the complainant, and prepares a cash custody certificate for the unpaid fraternity money, not borrowed the money recorded in the facts charged from the complainant, but did not intend to acquire the money from the complainant since he/she was unable to pay the fraternity money because he/she was unable to make a living due to difficulties in managing the frequency of collection.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the defendant and defense counsel asserted the same purport as the above reasons for appeal at the original court, and the court below rejected the above argument in detail with the detailed statement of the judgment under the title "the judgment on the defendant and defense counsel's assertion". In light of the above judgment of the court below compared with the records, the judgment of the court below is just and it is not erroneous in the misunderstanding of facts as alleged by the defendant.

B. In light of the fact that the Defendant committed the instant crime in the course of continuous credit transactions with the victim as it is difficult to operate the frequency of the decision of the court below, the circumstance favorable to the Defendant, such as the fact that the Defendant appears to have had an incomplete intention at the time, is recognized.

On the other hand, there are also circumstances unfavorable to the defendant, such as the fact that the defendant repeatedly committed the crime of fraud against the same victim for a period of two years, the amount of damage is 39 million won, the damage has not been recovered up to now, and the victim wants to be punished.

3.2