The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim, who was an employee of the company that operated a mistake of facts, is merely an investment in the defendant's business, and the defendant does not deceiving the victim by deceiving the victim, such as borrowing office transfer expenses from the victim as stated in the facts charged of this case.

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by mistake of facts.

B. In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (hereinafter referred to as a fine of KRW 4 million) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, and in particular the witness E’s statement in the court below, the facts charged in this case, which the defendant borrowed money from the victim without intent or ability to repay within one year, is sufficiently convicted. Thus, the judgment of the court below that made the conclusion is correct, and there is no error of mistake of fact or misapprehension of the legal principles

B. As to the assertion on unfair sentencing, an offense against an elderly victim is committed, and the nature of the offense is not weak because the damage recovery is not completely granted to the trial.

In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.