The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles that the Defendant received KRW 6 million from the victim on July 17, 2015, but did not borrow the above money. However, even if the victim did not prepare a certificate of borrowing, it is nothing more than preparing a certificate of borrowing that the Defendant would find in the office where the Defendant is working.

Even if the defendant borrowed the above money, the defendant had the ability to repay at the time of borrowing the money.

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Around July 17, 2015, the Defendant made a false statement to the victim B to the effect that “The Defendant shall pay the apartment down payment in KRW 10 million, if he/she lends money to the victim B.”

However, there was no intention or ability to repay even if the Defendant borrowed money from the victim because the Defendant had a debt of KRW 50 million around that time and the income has to be used for the entire cost of living.

Ultimately, on July 17, 2015, the Defendant received KRW 6 million from the victim to the account in the name of C (hereinafter “the instant money”) from the victim and acquired the money by defrauded.

B. We examine whether the Defendant borrowed the instant money from the victim, and examine the following facts or circumstances acknowledged by evidence duly adopted and investigated, namely, ① the Defendant appears to have received the amount exceeding KRW 30 million from the victim while continuing to engage in a relationship with the victim. Among them, the Defendant prepared a loan certificate for the instant money, and ② the victim transferred the instant money by stating that the Defendant would make a loan certificate.