The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts of this case is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment, since the defendant borrowed five million won from the damaged party under the name of living expenses, etc., and it did not mislead the victim of the facts of this case.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts are: ① the statement made in an investigative agency that corresponds to the facts charged in the instant case is specific and consistent and credibility; ② the Defendant at the investigation stage: (a) the Defendant: (b) provided the victim with money to operate his/her business on the part of his/her father; and (c) provided the victim with his/her mother’s side (victim) during the construction work ordered by the Office of Education; and (d) provided the victim with his/her mother’s side (victim) during the process of the investigation, the Defendant provided the victim with the statement made in an investigative agency that conforms to the facts charged in the instant case.

3. The Defendant lent KRW 5 million at the cost of living without any deadline or condition to the injured party.

However, the victim transferred 4 million won to the defendant who has no special trust relationship without taking measures to recover the loan certificate or other claims, and later remitted 1 million won after 2 weeks.

In full view of the fact that it is difficult to see it, the Defendant received the remittance of 5 million won by deceiving the victim.

The judgment of the court below that determined the person is just and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

subsection (b) of this section.

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

B. The defendant's judgment on the unfair argument of sentencing is the same kind of crime.