The defendant's appeal is dismissed.

1. The main point of the grounds of appeal is that the Defendant’s failure to pay money to the victim is due to the sudden decrease in the sales of the restaurant operated by the Defendant due to the Marman situation after the loan.

At the time when the defendant borrowed money from the injured party, the restaurant was operated well, and the victim was able to pay the borrowed money, and the victim paid the interest of KRW 2 million in total five times.

In other words, the defendant did not have the intention to deceive the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of factual mistake: ① the Defendant, around May 8, 2015, agreed to borrow interest of KRW 25 million from the injured party, KRW 400,000 per month, and KRW 400,000 on October 30, 2015; ② the Defendant prepared a cash consumption loan contract document with the injured party on the same day (No. 311 of the L law Firm 2015, No. 311 of the L law Firm 2015), ② the Defendant was unable to pay the borrowed money on the payment date; ② the Defendant was unable to pay the borrowed money on November 18, 2015, the Changwon District Court 2035, which was 4035,000,000 won, and ③ according to the list of creditors, etc. submitted at the time of application for the commencement of the individual rehabilitation procedure, the Defendant’s debt amount was 100,000,00 won,00 won.