The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The money obtained by deception of the instant case is not the Defendant but the money borrowed by H.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court (i.e., the victim transferred KRW 28.5 million to the Defendant, on the ground that “The Defendant was invested in the Republic of Korea’s casino business, and was a short amount necessary for the project, and was returned after one month.”

on August 5, 2009, written by the Defendant, “The Defendant borrowed 30 million won on April 29, 2009 to the victim.”

9.A stipulation that reimbursement shall be made up to 9.

As stated in the purport that “A” is stated, and ③ the Defendant is also entitled to pay the said money from the Company in an investigative agency, as “I need to pay the money because H did not pay the monthly wage at that time.”

“The Court rendered a ruling.”

Therefore, there is funds necessary for the corporation to the victim.

(1) borrowed money.

The 28.5 million won borrowed from the victim shall be repaid to the victim, and H shall not be involved.

In full view of the facts stated in the judgment below, including the fact that the Defendant used the money actually borrowed by the victim for the family members of the Defendant without relation to the casino business, and that the Defendant appears to have not directly participated in the process of borrowing money from the victim, it can be sufficiently recognized that the Defendant acquired the victim by defrauding KRW 28.5 million with the funds necessary for the casino business as stated in the judgment of the court below. Thus, the above assertion by the Defendant is without merit.

B. As to the unfair argument of sentencing, the Defendant.