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. In a case where the Defendant, by mistake of facts and misapprehension of the legal principles, made a hybrid loan between the victim and the victim by May 24, 2013, the Defendant repaid the borrowed money on May 25, 2013. If the said loan was made thereafter, the Defendant agreed to repay the borrowed money at the time of the said loan, but did not intend to defraud the money by deceiving the victim only because the said loan was delayed due to unexpected circumstances.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentencing (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted only unfair sentencing grounds in the petition of appeal submitted on August 21, 2014 as the grounds for appeal. However, on April 7, 2015, the first day of the trial on April 7, 2015, the Defendant asserted mistake of facts and unfair sentencing grounds as the grounds for appeal. The Defendant’s defense counsel’s defense counsel’s written opinion submitted on April 20, 2015 asserts that the Defendant did not have any criminal intent to defraud the Defendant. 2) As the grounds for appeal, the Defendant stated in the appellate court matters not included in the grounds for appeal

Even if there is no ground for appeal as otherwise alleged in the statement, it cannot be deemed that there is a ground for appeal (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998). Thus, the allegation of mistake of facts or misapprehension of legal principles by the defendant and his/her defense counsel

3. Furthermore, even if this is accepted as the grounds for appeal, the defendant and his defense counsel have asserted the same purport as the above grounds for appeal, and the court below decided on the above argument by the defendant and his defense counsel under the title of "the defendant's assertion and judgment on it".

The lower court, based on the evidence duly admitted and examined by the lower court.