The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant, as recorded in the facts charged, deceiving the victim to cancel the provisional seizure of this case, the lower court accepted the facts charged in this case and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the reasons for the judgment. In light of the records and closely reviewed the judgment of the court below, the judgment of the court below is justified.

Furthermore, according to the evidence duly adopted and examined by the court below, the victim may receive the letter of loan of this case from the defendant on February 13, 2007, and both the defendant and his son J on the same day (Seoul Eastern District Court 2006Da86512 and Seoul East Eastern District Court 2007Gabu District Court 2007Gabu410) and the defendant filed an application for cancellation of the provisional seizure of this case on the 20th of the same month (the investigation record No. 416-423 of the investigation record). Since the victim withdraws the above lawsuit and the provisional seizure of this case are not in any circumstance to cancel the provisional seizure of this case, the defendant can be sufficiently presumed to have ordered the victim to perform his obligations under the loan certificate of this case and the defendant did not have any intention or ability to discharge his obligations under the loan certificate of this case properly. Thus, the judgment of the court below is the same as the judgment of the court below, and the defendant deceiving the victim as the victim of this case.