The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. On April 9, 201, the Defendant prepared and delivered a certificate of borrowing KRW 7 million for the victim on or around April 9, 201, and the victim consistently paid a cash amount of KRW 7 million to the Defendant on or around April 9, 2011 at the investigative agency and the original court. The Defendant received the above certificate of borrowing from the Defendant on or around April 9, 201

In light of the fact that "the defendant made a statement", the defendant can fully recognize the fact that he/she acquired 7 million won from the victim on April 9, 201.

Nevertheless, the court below erred by misapprehending the fact that the defendant was not guilty on the ground that there is no evidence to acknowledge that the defendant was paid the above money from the victim with respect to the remaining five million won exceeding one million won out of the above seven million won.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unhued and unreasonable

2. Determination

A. The victim’s statement at the investigative agency and court of the court below as well as the Defendant’s statement in April 9, 201 as evidence that conforms to the facts charged in this part of the judgment on the assertion of mistake of facts is indicated.

However, up to the time of the investigation agency and the trial court, the Defendant consistently borrowed KRW 1.8 million from the victim to the Defendant’s passbook in borrowing KRW 2 million on March 23, 2011. On March 26, 2011, the Defendant: (a) borrowed KRW 2 million from the victim to the Defendant’s passbook; and (b) drafted and issued a cash custody certificate of KRW 4 million in total to the victim on March 26, 201; (c) “In order to borrow additional KRW 3 million on April 9, 201, the Defendant prepared and delivered a cash custody certificate of KRW 7 million in total, including KRW 4 million and KRW 3 million in loan; (d) around that time, the Defendant received KRW 1.8 million after deducting KRW 2 million from the prior interest and KRW 1 million; and (e) was paid to the victim as at the time of cash receipt by the victim.”