The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On July 2007, the Defendant: (a) received USD 7,00 from the husband F of the victim E for the repayment of loans and the settlement of accounts for the same business; and (b) did not borrow the above money from the victim; and (c) written and delivered a written statement of payment that the Defendant would repay the money borrowed from the victim around June 2008; (d) however, this is due to intimidation by the victim demanding the return of money with the military personnel carrying the firearms.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case on unreasonable sentencing, the lower court’s sentence imposing a fine of KRW 5 million is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the original court and the trial court, such as the case of finding a mistake of facts, witness E and F’s statement, statement of the party witness H, and copy of the statement of payment, etc., the defendant was paid US$ 7,000 from the victim E on July 7, 2007, while he was requested by the above victim and his husband F to repay the borrowed money on June 23, 2008, while he was requested by the above victim and his husband F to pay the borrowed money, the defendant was paid US$ 7,000 from the victim E on July 7, 2007, and the fact that the above victim and his husband F was present with the victim on June 23, 2008 and H did not vindicate the borrowed money until December 30, 2008.

On the other hand, the defendant asserts that the above letter of payment was prepared by intimidation on the part of the victim who mobilized the soldier.