The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the facts charged under Paragraph 2, the Defendant borrowed from the victim not only KRW 22 million but also KRW 20 million, and the borrowing date is also August 7, 201, but also March 6, 2011.

B. The Defendant did not have the intent to acquire the money at the time of borrowing each of the instant money.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with respect to changes in indictment as stated in the following facts of crime at the time of the trial. Since this court permitted this, the judgment of the court below was no longer maintained.

However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.

B. The following circumstances acknowledged by the lower court’s determination on the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by the court below, namely, ① the victim consistently states the fact of damage from the investigative agency to the court of the competent trial; ② the Defendant promised to transfer the maximum debt amount of KRW 360,000 to Chungcheongbuk and F360 in the event it is impossible to repay the damage upon borrowing KRW 30,000 from the victim on or around March 19, 201; but on August 19, 201, the Defendant created a mortgage with the maximum debt amount of KRW 40,000,000 under the Defendant’s motherK’s name and failed to implement the promise on the ground thereof; ③ on or around March 6, 2011, the Defendant promised to transfer the 222,00,000 won from the victim and transfer the 318,000,0000 square meters from the mother’s name to the court of the competent court.