The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not borrow money as stated in the facts charged from the injured party (hereinafter “the loan of this case”).

However, the lower court found the Defendant guilty of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court (an amount of KRW 12 million) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following facts acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, namely, ① the victim consistently lent the loan of this case to the defendant from the investigative agency to the court below in cash.

(2) The victim, who borrowed on March 29, 201, delivered to the defendant via E, an article of the defendant, in particular, KRW 10 million that was lent on March 29, 201.

The statement is made (102 pages of the trial record) and E also received money from the injured party on the same day and delivered it to the accused.

The statement was made (130 pages of the trial record), and both the victim and E were the primary right of 50,000 won in the plastic bags.

(1) If a statement is made after hearing

(3) The Defendant borrowed KRW 89.5 million to the victim on March 3, 201, and borrowed KRW 40 million on March 10, 2011, and repaid on March 15, 201, and repaid KRW 10 million on April 8, 2011, and repaid on April 14, 201, the Defendant borrowed the instant loan but there is no reason to deny it. However, even though the victim borrowed the money to the Defendant on April 14, 2011, the victim was able to receive payment through the company account because all the money it borrowed from the Defendant due to the need for its business. However, the instant loan was a kind of non-loan and thus, the company account.