The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding Defendant received all the money from the victim as a prepaid payment.

And at the time of receiving a prepaid payment from the victim, the defendant had the intent and ability to work as an employee in the entertainment tavern operated by the victim.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of fact, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidences.

(2) In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable.

Therefore, the defendant's assertion is without merit.

① The victim consistently stated from the investigative agency to the court of the court below that “Although the Defendant paid advance payment of KRW 11.5 million to the Defendant, the Defendant did not go beyond the frameworks for the said entertainment tavern, and thereafter, the Defendant may work at the said entertainment tavern even if there is any additional money due to the occurrence of another problem, and thus, if the Defendant lends money, he would be able to work at the said entertainment tavern, he would be able to do so again at the said entertainment tavern, and the said money would be lent more than KRW 10 million by saying that he would give a time limit for the said entertainment tavern.”

(2) Even if the Defendant was on a monthly basis at the above entertainment drinking house, it is difficult to view that the Defendant’s obligation to return the aforementioned advance payment was fully repaid, and as the Defendant was well aware of such circumstances.

In the lower court’s judgment, the victim also stated that the Defendant was able to repay the said money to the effect that the Defendant was able to pay the said money for two months from one half of the month from the said entertainment tavern; and that he did not receive any percentage from the victim.

. The records of trials;