The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim remitted money to the victim as the defendant did not have committed deception such as the mistake of facts in the facts charged, and the defendant talked about the fact that economic situation is difficult.

B. In light of the fact that the Defendant does not intend to obtain money by means of planned fraud, but rather, referring to the circumstances in which it is economically difficult to borrow money with the victim, and that the Defendant invested in G but failed to pay money to the victim as the recovery of investment was difficult, the sentence of the lower court (2 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, namely, ① the victim has consistently stated from the investigative agency to the court below that the defendant lent money as the defendant would require agreement of traffic accident; ② the victim has made a statement from the defendant about the specific traffic accident; ③ most of the victims have received cash services despite the difficulty of the victim at the time; and ③ the defendant has lent money to the defendant; this is acknowledged to the effect that, in addition to the credibility of the victim’s statement made by the victim that the defendant lent a multilateral request to prepare the agreement of traffic accident, it is necessary to allow the victim to reach agreement of traffic accident even though the defendant did not have any traffic accident as stated in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. On July 27, 201, 200,000 won on the assertion of unfair sentencing was not recovered from damage, except for the payment to the injured party on July 27, 2011. The records of this case, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime