The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim alleged the misunderstanding of the facts is expected to be able to receive allowances if he/she establishes the defendant as his/her subordinate salesman, and only paid 2.2 million won on behalf of the defendant, and there was no deception by the defendant as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. In light of the fact that the defendant was old and has no good health, that the defendant was the first offender, that the victim paid one million won to the victim, etc., the punishment sentenced by the court below (2 million won) is too unreasonable.

2. Determination

A. The lower court acknowledged the assertion of mistake of facts based on the evidence duly adopted and investigated by the lower court, namely, the following circumstances: (a) the victim provided the Defendant with the current financial pain and introduced G to the Defendant; and (b) the victim, who paid the payment on behalf of the Defendant, had the victim repaid.

A statement, as alleged by the Defendant, the Justice stated that the victim would settle the account on behalf of the Defendant, and that the Defendant did not speak.

Even if the defendant received payment from the injured party in the same place, and thus borrowed a considerable amount of money.

However, considering the fact that it is reasonable to view that the defendant did not have sufficient means to repay at the time, the defendant can fully recognize the facts constituting the crime in the judgment below.

The defendant's assertion of mistake is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

It is reasonable to consider that the defendant is old and has no high health due to brain color, and that the amount of damage is not more than 2 million won, and that one million won has been repaid among them, and that the defendant is the first offender.

However, the amount of damage is still not fully paid.