The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, at the time of borrowing the instant loan, sold the gate owned by himself in KRW 2.3 billion and received the purchase price around August 2014, 2014, and thus, the Defendant did not deceiving the victim with regard to his ability to repay the money at the time of borrowing the money from the victim, and the Defendant already repaid the amount of KRW 10 million in a separate manner between the obligee E and the Defendant.

B. The lower court’s sentence (one year of suspended sentence in six months of imprisonment) against an unfair defendant is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the court below argued that the defendant did not deceiving the victim of the repayment of the loan, and the court below rejected the defendant's assertion on the ground that the defendant induceds the victim of the loan at the time of borrowing the money from the damaged party by providing a detailed reasoning for its determination. The court below's reasoning for such determination is as follows: (a) whether the court below decided to settle the above loan with the victim's investment funds as alleged by the defendant, i.e., the evidence duly adopted and investigated and the materials submitted in the court below; and (b) whether the above loan funds were to be settled as the victim's investment funds, i.e., the defendant's statement does not coincide with E, so it is not clear that the defendant deceivings the victim as the victim's investment funds; (c) so long as it is acknowledged that the defendant deceiving the victim of the loan funds as the victim's investment funds, whether the above loan funds were settled between E and E does not interfere with the recognition of fraud against the defendant; and (b) the defendant did not induce the victim to receive the purchase funds until August 201

However, even if it is based on the data submitted by the Defendant (civil judgment between the Defendant and K Co., Ltd.), the Defendant is worth KRW 2.3 billion between K Co., Ltd. and K at the time.