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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since misunderstanding of facts and misunderstanding of legal principles have known the victim of all the economic situation of the defendant by borrowing money from the victim, there was no deception of the victim like the facts charged, and there was no intention to commit fraud against the defendant.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, two years of community service, 80 hours of imprisonment) is too unreasonable.
2. Determination
A. The lower court acknowledged the following facts or circumstances based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles. ① If the Defendant loaned KRW 10 million to the victim as it is necessary for the director on October 23, 2017, the Defendant would have to pay the victim KRW 10 million on the same day. The victim wired the Defendant with KRW 10 million on the same day. ② As above, the Defendant could not use the Defendant’s account in the name of the Defendant’s name as the attached relationship with L at the time of borrowing KRW 333 million from the victim’s borrowing of KRW 10 million from the victim’s money. In addition, the Defendant did not notify the Defendant of the fact that it was difficult for the Defendant to use the Defendant’s money under the name of KRW 10 million by means of borrowing money from the victim, and the Defendant did not borrow money from 10 million on the part of the victim to 10 million on the part of the victim’s borrowing of money.