The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving victims and did not have any intent to commit fraud.

In other words, although the defendant borrowed money from the victims and paid money to the victims continuously or continuously, the victims are unable to operate a normal private teaching institute by means of seizure of the victims' office fixtures or collecting money from the private teaching institute. Accordingly, the defendant is unable to pay money to the victims because of the closure of the operation of the private teaching institute.

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Even if the Defendant was found guilty of an unreasonable sentencing sentence, the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. The following circumstances found by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the Defendant was unable to obtain bank loans, etc. from a private teaching institute due to a bad credit holder when in 2009, the Defendant lent money to the victims of the instant case under the pretext of expanding or relocating the private teaching institute; (ii) the victims lent money to the victims in trust of the Defendant’s economic ability to expand the private teaching institute; and (iii) the Defendant consumed most of the creditors’ repayment of the interest and principal in the manner of the so-called “fluoring” method; and (iv) the fact that the Defendant paid part of the principal and interest on the creditors to the victims who urged the Defendant to repay, but this is not the Defendant’s repayment of the principal and interest on the intermediate loan to the victims due to the operation of the private teaching institute, etc., but rather from one victim.