The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) 50 million won paid by the victim is compensation for the Defendant’s personal debt repayment and the participation in the E redevelopment project. As such, the claims on the instant notarial deed remain as they are and there was no fact that the Defendant collected a non-existent claim or deceiving the court. 2) As long as the money paid by the victim for domestic affairs even if the amount of credit in the instant notarial deed exists, as long as the Defendant collected a claim for delay damages and personal claim of the Defendant exists, it cannot be deemed that the Defendant intended to deceive the court.

B. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The Defendant made the same assertion as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion in detail, stating the Defendant’s assertion and its decision in detail.

In addition to the evidence duly adopted and examined by the court below, the judgment of the court below is justified, taking into account the following facts and circumstances as a whole, which are admitted by the court below.

The defendant's assertion of mistake is without merit.

① According to the text messages sent and received by the Defendant and the victim, the Defendant and the victim disputed the Defendant’s personal claims, namely, loans related to G apartment, the amount of KRW 15 million and the amount of KRW 10 million related to J redevelopment projects, as of December 22, 2017, concerning the nature of the last 2.5 million paid by the victim to the Defendant.

In light of this, it is difficult to view that the above individual bond repayment was included in the amount of KRW 15 million paid by the victim to the defendant on August 31, 2017 and KRW 35 million paid on December 21, 2017.