The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts as follows, which affected the conclusion of the judgment.

(1) [1] Of the facts charged, the fraud of paragraph (1) from among the facts charged: (a) the Defendant only delivered a loan of KRW 60 million from the victim when the Defendant borrowed KRW 60 million from the victim; and (b) on December 9, 2011, the loan certificate of December 9, 201 was signed by the Defendant in the 2nd unit in the 5nd unit in the order of the first priority with respect to one of the two units; (c) the Defendant prepared a different meaning in which the Defendant secured the payment of the future deposit, and prepared a request by the victim. As such, the Defendant did not have received KRW 60 million from the victim as stated in the facts charged.

(2) [2014 Highest 5686] Fraud. (2) of the facts charged: The Defendant, while borrowing KRW 97 million as stated in the facts charged, accurately indicated the place of use of the borrowed money from the victim, and, for unavoidable circumstances thereafter, used the borrowed money for other purposes, and became faced with the situation where the Defendant could not repay the borrowed money. However, the Defendant made efforts to repay the borrowed money by signing an order of sequence operated by the victim, such as the agreement to repay the borrowed money with the borrowed money to be borrowed by the Defendant, but the Defendant failed to pay the borrowed money properly due to the sudden bottle of the Defendant, and thus it was impossible to continue to repay the borrowed money.

Therefore, the defendant did not have any intention to commit the crime of deception and deception.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The judgment on the assertion of mistake of facts (1) / [2014 Highest 5686] / Of the facts charged, the evidence duly adopted and examined by the court below concerning the fraud of paragraph (1) from among the facts charged, and in particular the statement and the loan certificate (9 pages of the investigation record No. 2014 type No. 36346) at the court below and the investigative agency of the witness F / The above loan certificate is I in the investigative agency.