Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts constituting a crime of misunderstanding the facts in the judgment of the court below, 2060,000 won that the defendant received from the victim E is not a commission for the loan of this case, but the defendant received as the expense for the purpose of making the loan to become a sexual intercourse. Thus, the defendant did not have obtained the above money by deceiving the
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Determination
A. The following circumstances found by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, ① the court below did not have any money to receive five million won in advance at the court below (the defendant) and the phone continued to see that there was an urgent amount of money due to a clerical error. However, the defendant did not appear to have been able to know that there was a misunderstanding of the resident registration certificate or documents. The defendant would have been 2 million won at the time of receiving the loan from the defendant, and the defendant would not have been able to make a 300,000 won soon at that time, and the defendant would have been able to make a 2.6 million won to the defendant's office, "I will not have to do so even if I would have to issue the 5 million won to the office," and the defendant would have been able to make a 260,000 won loan from the defendant's office."