The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case, despite the intention to repay and the ability to repay, such as deception and deception as stated in the facts charged, is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment.

B. In light of the agreement with the victim of unreasonable sentencing, the lower court’s imprisonment (ten months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the evidence of the argument of mistake of facts: (a) the victim’s assertion is consistent and reliable; (b) the defendant has a money claim to a third party; (c) the defendant is deemed to have been economically difficult at the time of the loan, such as using a considerable amount of money from the loan as accommodation and living expenses, etc.; (c) the defendant determined the due date two weeks after the date of the loan; (d) the defendant is deemed to have no specific financing plan capable of repaying the loan; and (e) the defendant actually paid the loan and its interest after the lapse of two years from the date of the loan; and (e) the defendant is recognized as a crime of deceiving the victim as stated in the facts charged in the judgment of the court below even though he did not have the intent or ability to pay the loan properly, and thus, the defendant’s assertion of mistake of facts is not reasonable.

B. In full view of the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant argument, including the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable even if considering the circumstances of the Defendant’s assertion.