The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant loans, received the remaining money after deducting 10% of the money borrowed from the damaged person as a prior interest. As such, the amount acquired through the instant crime is KRW 13.5 million.

However, the judgment of the court below that judged the amount obtained by deceit due to the crime of this case as 15 million won is erroneous as a misunderstanding of facts.

B. The lower court’s sentence (4 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of mistake of facts, the victim consistently stated in the investigation agency that “the Defendant had lent a total of KRW 15 million to the Defendant, and there was no money deducted under the name of prior interest at the time, etc.” as stated in the instant facts charged. The details of the actual withdrawal transaction (which is 51-53 pages of evidence record) are consistent with the above statement by the victim.

On the other hand, as to whether the Defendant received money from the injured party at the time of borrowing the instant loan, the Defendant made an inconsistent statement with the investigative agency, and recognized all the facts charged of the instant case without asserting prior interest deduction in the court below.

In full view of the aforementioned circumstances, the Defendant may fully recognize the fact that he/she acquired by obtaining a total of KRW 15 million from the injured party without deducting the interest, such as the written facts charged in the instant case.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair argument of sentencing, the Defendant generally recognized the crime and divided his mistake.

However, on the other hand, the amount of damage caused by the crime of this case reaches KRW 15 million and most of the damage has not been recovered until the trial of this case.

The defendant has been sentenced to a suspended sentence of imprisonment for the same crime prior to the crime of this case.