The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no intention to deception with respect to the deception of the borrowed money in this case of mistake of facts.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, ① the defendant bears the obligation of borrowing KRW 30 million at the time of borrowing this case, whereas the defendant did not have any property, and the defendant was paid a fixed amount of performance, not receiving a payment; ② the defendant was unable to pay the principal and interest of the existing debt solely with the above income; ② the defendant was making it difficult for him to repay the existing debt; ③ the loan of this case borrowed from the victim was used almost for the purpose of repaying the existing debt; ④ the loan of this case borrowed from the victim was actually not easy to repay all the debt within three months, ④ the defendant was not able to pay all the above debt within the agreed upon, and the defendant was also unable to pay all the above debt at the time of borrowing this case’s loan, and ⑤ the defendant was recognized as not having the ability to pay the loan of this case at the court below.

Therefore, we cannot accept the defendant's assertion of mistake that the defendant did not have the intention to commit the crime by deceit.

B. Of the determination on the assertion on unreasonable sentencing, KRW 8.27 million was returned immediately to the victim on the day or following the day when the Defendant was remitted from the victim, and dispute over the original appropriation between the Defendant and the victim.