The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the defendant as a crime of fraud in spite of the defendant's intent and ability to repay the fact.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined as to the assertion of mistake of facts, i.e., ① the victim shall repay within 30 minutes at the investigative agency and the lower court’s court.

1,00,000 won was lent, but not repaid within 30 minutes, and thereafter, the defendant will lend money to him as security.

(2) A vehicle on which the Defendant was accompanied was not owned by the Defendant, and was not equipped with documents necessary to provide the vehicle as security at the time of committing the crime. ③ The Defendant did not borrow money as security, and only some of them (100,000 won, 70,000 won, etc.) must have been repaid after the lapse of about two months after committing the crime, and the victim was liable separately.

In full view of the fact that the Defendant exempted the Defendant from the Defendant’s obligation by mutual agreement with the third party (H), it can be sufficiently recognized that the Defendant deceivings the victim as stated in the lower judgment’s criminal facts.

Therefore, the judgment of the court below that recognized the defendant's crime of fraud is just, and there is no error of law by mistake of facts as alleged by the defendant, and the defendant and his defense counsel's above mistake of facts is without merit.

B. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of gambling, the amount of damage caused by fraud, and the victim did not want the punishment of the defendant.

However, the defendant has a history of criminal punishment several times.