The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding that the instant loan certificate was forged by E, and even if the above loan certificate was not forged, the Defendant lent KRW 20 million to E on June 29, 2007, which was the date of the preparation of the above loan certificate, and did not receive reimbursement. Thus, E’s filing of a lawsuit for the claim for payment with the court of Daejeon District Court No. 2009Gau 4081, which was the date of the above loan certificate, constitutes fraud in the lawsuit.

Therefore, since the court below found the Defendant guilty of the facts charged in this case, although the Defendant did not have any false accusation, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court’s determination is difficult to recognize the facts of the relevant criminal trial, since the following circumstances acknowledged by the evidence duly admitted and investigated, namely, ① the fact that a criminal judgment already became final and conclusive on the same factual basis, is a flexible evidence.

Unless there are special circumstances acknowledged, the facts contrary thereto cannot be easily recognized (see, e.g., Supreme Court Decision 2009Do11349, Dec. 24, 2009). In the previous criminal case against the Defendant, the Defendant: “A shall attach the signature of the Defendant and D to the Defendant and then shall use a fake loan certificate with the Defendant’s name attached, and shall not be used. However, the Defendant shall report false facts to the investigation agency and shall report them to the public service center of the Boan Police Station, and shall report them to the investigation agency,” and the judgment becomes final and conclusive (to the Daejeon District Court Branch of the Daejeon District Court, the Daejeon District Court Decision 2009Da363, Oct. 1281, 201); ② the Defendant’s grounds alleged by the Defendant are most asserted in the above criminal case, and the Defendant’s statement shall be made only by the same reasons.