The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the victim of mistake of facts had trusted the defendant while running a business with the defendant before this case, the defendant was aware that he was a person with bad credit standing, and thus, he lent money to the defendant.

Therefore, since the defendant, at the time of borrowing money from the victim as stated in the facts charged of this case, did not deceiving the victim with regard to the defendant's intent to repay or ability to repay, the court below convicted him of the facts charged of this case.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged on the grounds that the victim’s statement that corresponds to the facts charged in the instant case is reliable, and the victim’s text message that the Defendant urged repayment was given a reply that he/she had acknowledged his/her responsibility.

B. Although the Defendant consistently denied the facts charged in this case from the investigation stage to the court of the competent trial, the Defendant, in addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, determined that the Defendant, by deceiving the victim by means as stated in the facts charged, received cash KRW 10 million.

Therefore, we do not accept the defendant's assertion of mistake.

1 피해자는 수사단계에서부터 원심법정에 이르기까지 비교적 일관되게 이 사건 공소사실에 부합하는 진술을 하였는데, 이러한 피해자의 진술은 직접 경험하지 않고는 진술하기 어려울 정도로 구체적이며, 피해자가 원심법정에서 보여준 꾸밈 없는 진술 태도 등에 비추어 볼 때 피해자가 위증과 무고의...