The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, did not deception the victim as stated in the facts charged of this case, and instead, the victim borrowed money to the Defendant.

to receive money from the injured party, and the money received from the injured party is total of KRW 45 million (= cash transfer of KRW 22 million to KRW 22.99 million).

B. The sentence sentenced by the court below to the defendant (one year of suspended sentence in April) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, namely, ① the Defendant would lend money to the casino operator when he/she lends money to the victim and pay the principal and interest to the casino operator.

(2) The Defendant borrowed KRW 22,990,000 from the damaged person to the account transfer of KRW 22,90,000 in cash.

Although consistently stated, the victim also lent KRW 49,990,000 to the Defendant by means of cash transfer of KRW 27 million and account transfer in the investigation agency.

In addition, the defendant consistently made a statement, and the defendant prepared and disturbed a cash custody certificate stating that he/she borrowed KRW 50 million from the injured party on December 20, 2015. On December 19, 2015, the data that was deposited in the account in the name of the injured party and the injured party was submitted, and ③ the defendant recognized the facts charged in this case in the court of the court of the court below, the defendant is sufficiently recognized that he/she acquired the total of KRW 49,90,000 from the injured party by deceiving the injured party as stated in the facts charged in this case.

Therefore, the defendant's assertion of facts is without merit.

B. There are particular changes in circumstances that may be considered in sentencing after the judgment of the court below on the unfair argument of sentencing.