The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant borrowed money from the victim D in order to raise operating funds due to financial difficulties of FF, which had been operated at the time of mistake of facts, and the Defendant did not receive the instant borrowed money from the victim as stated in the facts charged and obtained it by fraud from the victim.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, one year of suspended sentence, and eight hours of community service order) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts. ① The victim consistently stated to the effect that “the defendant would pay the above money within three months if he/she borrowed the money because he/she was required to pay a sales agent for the container of the weekend farm at the time,” and ② considering the relationship between the defendant and the victim, if the victim knew that he/she was insufficient circumstances, such as the defendant was unable to pay the rent and monthly salary of the company building at the time, the victim would not have lent KRW 30 million to the defendant without any specific security, ③ the defendant used his/her personal debt, etc. at the time when he/she acquired from the victim to pay the above money to the defendant or pay the above money to him/her, and the defendant was unable to pay the above money to the defendant within three months since he/she had a considerable amount of money to the defendant and the company's financial ability at the time of the above investment.