A. In the same period as stated in the facts constituting a crime in the judgment of the court below, the Defendant found the hospital hospitalized by her husband at a hospital and did not interfere with the operation of C’s private teaching institute, and only collected the Defendant’s claim, but the court below convicted the Defendant by misunderstanding the facts.

B. The lower court’s sentence of an unreasonable sentencing (70,000 won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence duly examined and adopted at the lower court and the trial court on the assertion of mistake of facts: (i) the mother of C borrowed KRW 13 million from the Defendant as the marriage fund of C; and (ii) the Defendant received KRW 5 million from D and the remaining money was paid from C to March 31, 201, with the payment of the remainder from around December 31, 2009 to March 31, 201; (iii) contact with C to the purport that the amount received from around August 201 should exceed interest, and (iv) persons related to the private teaching institute operated C received from the investigative agency to the court of the lower court visited the private teaching institute operated by C several times to collect the Defendant’s claim from the investigative agency to the court of the lower court, and made it difficult to operate the private teaching institute independently, as recorded in the judgment of the lower court.

B. In light of the Defendant’s attitude without any counter-misunderstanding of the judgment on the assertion of unfair sentencing, and other various circumstances, such as the motive and circumstances leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, occupation, and family relationship, the sentence imposed by the lower court on the Defendant.