The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the mistake of fact, as a non-registered credit service provider, filed a complaint with the defendant when the amount was delayed in the process of allowing another person to use bonds through the defendant and recovering the bonds.

As a result, the court below erred in misunderstanding the fact that the defendant did not receive the money from the victim for the purpose of deceiving the victim's money, and thus recognized the crime of fraud against the defendant.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below as to the assertion of fact: ① the defendant made a false statement on his re-performance as stated in the facts constituting the crime in the judgment below (Evidence No. 159, 160 pages); ② the defendant did not have any specific income or property under the name of the defendant at the time of receiving the money from the injured party as a loan from the injured party (Evidence No. 16 pages); ③ the defendant borrowed money from the injured party who did not have a plan for repayment, and borrowed additional money from the injured party to pay interest and principal of the existing debt (Evidence No. 15,50, 51, 191, 194, 216 pages); ④ The defendant either made a false statement on the pretext of borrowing money from the injured party (Evidence No. 48 of evidence records); and ④ The defendant was aware of the victim’s money from the injured party or his spouse’s money from the prosecutor’s office through the investigation or examination.