The defendant's appeal is dismissed.

An application for compensation order shall be dismissed respectively.

1. Summary of grounds for appeal;

A. The Defendant: (a) provided the victims with the Mart sales account, etc. so that the victims can confirm the operating status; (b) borrowed money in accordance with the judgment of the victims; (c) subsequently, F, the Mart occupant, was unable to repay the borrowed money to the victims on the wind of embezzlement; and (d) at the time of the next use, the Defendant did not have the intent to obtain money by deception due to the intent and ability to obtain money.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. The following circumstances revealed by the court below based on the evidence duly investigated and adopted by the court below as to the assertion of mistake of facts: (i) the defendant was liable for a total of KRW 54 million as stated in the facts charged at the time of borrowing; (ii) the defendant and A did not notify the victims of this obligation; and (iii) promised to pay interest rate of KRW 24% per annum or 20% per annum to the victims under financial difficulties; (iv) the defendant paid interest rate of KRW 100,000 per month only to the victim G; and (v) the creditor, who is the creditor of Mat, did not pay interest that was normally promised to pay from the account of Mat on August 21, 2014, in full view of the facts charged.