The defendant's appeal is dismissed.

The victim voluntarily lends the defendant a mistake of the gist of the appeal.

The defendant did not deceiving the victim that he will make a deposit immediately.

The Defendant was operating a business in person at the time of borrowing, and had the intention and ability to repay the real estate, but did not pay the amount of hospitalization and outpatient treatment on a sudden basis.

The punishment (fine 5 million won) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

Comprehensively taking account of the following facts or circumstances acknowledged by the evidence duly examined by the court below as to the assertion of mistake of facts, the defendant is entitled to receive KRW 15 million from the victim as the borrowed money, while making it difficult for the victim to make a prompt payment, even if it borrowed KRW 15 million from the victim, and it is also acknowledged that the defendant received KRW 15 million from the borrowed money.

Defendant’s assertion is without merit.

The victim stated consistently that the defendant would use only lurgy and immediately deposit the money, and that he lent 15 million won to the defendant.

On the other hand, the defendant asserts that the victim voluntarily lent to the defendant, and that the defendant did not immediately use the victim only, and that he would not make the deposit.

In light of the fact that the victim received a loan from an insurance company as collateral and lent it to the defendant, the victim's statement is more reliable.

At the time when the defendant borrowed KRW 15 million, he did not pay the debt to the financial institution.

In addition, 8 out of 10 divided buildings of Seocho-gu Seoul Metropolitan Government F, which were owned at the time, had already started a voluntary auction, and 2 months have not yet elapsed after the loan of this case with respect to the remaining 10 buildings, and the voluntary auction was commenced on February 4, 2010, and the whole building under the divided ownership was sold during the voluntary auction procedure, and the voluntary auction on February 4, 2010 is sold.