The judgment of the court below is reversed.

The defendant shall be innocent.

【Judgment on Grounds for Appeal】

1. The gist of the grounds for appeal is that the Defendant received money from D while establishing a mutual relationship with D from around 2006 to October 201, and received cash services using credit card in the name of D, and used it to “defluence” for D’s obligations, and it did not borrow money on the premise of repayment, as described in the facts charged, from D.

In addition, the court below's imprisonment (eight months of imprisonment) against the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below, the key issue of the instant case is that the amount exceeding KRW 60 million was remitted from the account under D’s name to the account under the Defendant’s name over ten times from August 18, 2009 to September 27, 201.

However, the defendant asserts that the above amount is not a loan, on the ground that the money remitted from the account under the name of the defendant to the account under the name of D also reaches a considerable amount. D is merely for the defendant to use a credit card under the name of the defendant and to pay the money, and each of the money stated in the facts charged is a loan unrelated to it. Thus, the issue of this case is whether the above amount is sufficient to prove the fact that it is a money by fraud under the name of the defendant.

B. (1) There was no document, such as a loan certificate, cash storage certificate, and letter, which is ordinarily prepared in a monetary lending relationship between the Defendant and D, and there was a interest agreement.

It does not reveal all the circumstances in which money is given or received as interest in reality.

However, although D holds a certificate of the personal seal impression under the name of the defendant, there is no evidence to deem that the certificate of the personal seal impression was issued in lieu of the certificate of the loan.

(2) The Defendant from June 2002 to November 201.