The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the ground that the defendant did not deceiving the victim and had the intention and ability to repay the money received from the victim, is erroneous in the misapprehension of the facts and thereby affecting the conclusion of the judgment.

B. In light of the circumstances and present circumstances under which the Defendant committed the instant crime, the sentence of imprisonment (six months of imprisonment) by the lower court against the Defendant is too unreasonable.

2. Determination:

A. In regard to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the argument of the defendant and the defense counsel under the title of "decision on the argument of the defendant and the defense counsel" in the judgment of the court below, which is "as to the argument of the defendant and the defense counsel". When comparing the judgment of the court below with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and therefore

B. As to the assertion on unfair sentencing, although the defendant was an initial criminal without any criminal power, and there was favorable circumstances, such as the fact that he deposited KRW 58 million in the trial at the trial, the amount of damage in this case was not smaller than the amount of KRW 58 million in the trial at the trial at the present time, the damage did not be recovered, and the amount of KRW 5 million deposited in the trial at the trial at the present time does not exceed 10% of the amount of damage. Six months after the defendant was sentenced to the trial at the court below, the defendant was the lowest of the relevant general fraud type, and the defendant continued to reject his assertion in detail rather than revealing sufficient reflectness or serious deliberation of the council at the court below, along with the unfavorable circumstances such as the defendant's age, character, conduct and environment, motive, means, and means of the crime.