The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts has borrowed KRW 20 million from G, and there is no fact that he has received unjust solicitation from G.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In regard to the assertion of misunderstanding of facts, in the case of the crime of misunderstanding of facts, the fact that the receiver received the money from the person who received the money but instead received the money from the person who received the money, the question of whether the receiver actually borrowed the money should be determined by comprehensively taking into account all objective circumstances revealed by evidence, such as the motive, process and method of delivery, the relationship between the person who received the money and the person who received the money, the position and career of the person who received the money, the necessity of borrowing the money, the possibility of borrowing the money from the person other than the person who received the money, the amount of the borrowed money and the means of borrowing the money, the economic situation of the person who received the money, the amount of the borrowed money, the estimated economic situation of the person who received the money, whether the money was provided a security, the payment period and interest agreement, the possibility of compulsory execution in the event of default, etc.

(2) In light of the following circumstances, the court below's decision is just, and there is no error in misunderstanding of facts as pointed out by the defendant, and the defendant's assertion is justified. The defendant's assertion is without merit. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices on the bench, except for a case where there is no error of misunderstanding of facts as pointed out by the defendant.