The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) When the Defendant borrowed KRW 18 billion from the victim D, the Defendant had a claim of KRW 1.2 billion, including KRW 70 million, to K, and had some shares of theO in Chuncheon City. 2) The Defendant borrowed the victim E’s vehicle as collateral and used KRW 10 million among them, and thus, the Defendant borrowed KRW 10 million from the victim E, and thus the Defendant borrowed KRW 10 million from the victim E.

In addition, as seen in the above Paragraph 1, the Defendant had the intent and ability to repay the above borrowed money. B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 10 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the first defendant's ability to repay and the evidence duly admitted and investigated by the court below, namely, ① the shares held by the defendant of Chuncheon O are 29 million won and the transaction value recorded in the copy of the register is 29 million won and the sum of the amounts borrowed by the defendant was 38 billion won and ② the defendant has a claim of 1.2 billion won as a sum of 70 million won and the amount borrowed by the victims, ② the police investigation conducted by the police, and the defendant stated that the defendant paid the principal to K. However, at the court below, the defendant submitted a statement that the above claims were not recovered, and the defendant had the ability to repay due to the defendant's independent receipt of the secured loan at the time. However, all the materials submitted by the defendant related to the secured loan were 2010 years prior to the date of the loan, ④ the victim and the defendant's account was 1.28 billion won and 36.196.7.