The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The defendant does not have obtained money by deceiving the victim.

B. The lower court’s sentence of unreasonable sentencing (fines 7,00,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Summary of the facts charged in this case

1. On March 26, 2012, the Defendant made a false statement to the cafeteria that “Around March 26, 2012, the Defendant would only die if he/she would have borrowed the bond money from the victim C. If he/she could have repaid the bond money, he/she would have repaid the money within two months.”

However, the Defendant, at the time, was liable for the Defendant’s loan of approximately KRW 25 million, and the monthly wage of KRW 500,000 was not paid, and there was no other property in excess of the obligation. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the loan as agreed to the victim.

As above, the Defendant received a false statement from the victim, and received a total of KRW 3 million on March 26, 2012, and KRW 7 million on April 2, 2012 from the victim, to the Agricultural Cooperative Account in the name of the Defendant, and acquired pecuniary benefits equivalent to that amount.

2. On May 2, 2012, the Defendant concluded that “A victim C shall have a place of KRW 20 million between payment, and the amount of insurance money shall be loaned as collateral to the victim C before the company bank located in Spo-dong, Kimpo-si, Kimpo-si, with the payment of KRW 10 million in full, even if he/she received this money.”

However, the Defendant did not receive or plan to prepare KRW 20 million from anyone, and as such, there was no intention or ability to repay the amount to the victim as agreed, even if he borrowed money from the victim.

As above, the Defendant, who made a false statement to the victim, received KRW 10 million in cash on the same day from the victim, and received KRW 3 million in cash on July 2, 2012, respectively.