The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant borrowed KRW 5 million, not KRW 30 million from the victim, and at the time of the instant case, the Defendant had the intent to repay and the ability to repay.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. When comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted from the perspective of the principle of court-oriented trial on the assertion of mistake of facts, the appellate court should not reverse without permission the judgment of the first instance court on the credibility of the statement made by a witness of the first instance unless there are exceptional cases deemed significantly unfair to maintain the judgment of the first instance court on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The Defendant also asserted as the grounds for appeal in this part in the lower court, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged of the instant case in detail.

In light of the above relevant legal principles, a thorough examination of the evidence duly adopted and examined by the court below and the court below is just, and there is no violation of law of misunderstanding of facts alleged by the defendant.

According to H’s statement at the court of the trial, it is recognized that “I staff H, who was in charge of the withdrawal transaction at the time of the instant case, did not directly hear the statement that the Defendant would use the money from the victim or the Defendant, with his/her wife’s husband and wife.” It is recognized that H’s statement that “I will withdraw the money upon the need of his/her child.”

However, even if the court below excludes the circumstances described above in the written request for withdrawal transactions from among the various circumstances presented by the court below, the circumstances mentioned in the remaining appropriately, and ① the credibility of the victim's statement that conforms to the facts charged in this case.