The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors or misapprehension of legal principles) was the Defendant lent the Defendant with the actual money. This is supported by the Defendant’s statement from the Defendant that the Defendant borrowed each of the loans that the Defendant prepared and delivered to the Defendant and that “the Defendant lent money to a female-child Gu.” Based on such statement, the Defendant brought a civil lawsuit seeking the payment of the loan against the victim.

Therefore, it cannot be viewed that the defendant had the intention of fraud.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous by mistake or misapprehension of legal principles.

2. Determination

A. According to the records of this case, the victim prepared a loan certificate on March 20, 200, stating that "I will promise to pay 20 million won in two copies of interest per day borrowed on March 20, 2003 and by January 20, 2004," and then borrowed 20 million won as of March 6, 2004, and then, I will promise to pay 20 million won in two copies of interest per month until April 30, 2004. The victim failed to submit the above loan certificate to the Seoul District Court on March 2004 (hereinafter the above loan certificate as of March 20, 2003) which was presented to the defendant on March 6, 2004 (the above loan certificate as of March 20, 2003) which was presented to the Seoul District Court on March 20, 201, and the defendant sought payment of the above loan certificate as of March 21, 2012.