The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. Summary of grounds for appeal;

A. The sentence of a fine (7 million won) imposed by the prosecutor by the court below is too unhued and unreasonable.

B. (1) The judgment of the court below that found the Defendant guilty of the facts charged in this case was erroneous and adversely affected the conclusion of the judgment, even though the Defendant did not mean that the Defendant would lend money to the victim; the amount of this case was donated to the Defendant without any consideration; and the Defendant did not borrow money.

The sentence sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court also argued the same purport in determining the Defendant’s assertion of mistake of facts. According to the evidence, the lower court acknowledged the fact that the Defendant and the victim came to know while entering the same golf course from August 201 to around the same time, and the victim lent KRW 10,00,000 to the Defendant around January 17, 2012 and returned each of the above money on January 17, 2012 to the Defendant on January 30, 2012. The instant loan remitted money to G account; the Defendant sent money to the victim who urged the payment of the above money on May 17, 2014, in view of the fact that the victim was aware of the Defendant’s credit transfer to the Defendant at the same time, and whether the victim was aware of property value at the time of the Defendant’s lending money to the Defendant without any justifiable reason. However, considering what is the victim’s lending money to the Defendant, it is difficult to acknowledge that the victim was aware of property value at the time of the Defendant’s lending.