The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since a mistake of fact was completed the registration of creation of a mortgage over a real estate with sufficient collateral value at the time of borrowing money from a victim, interest was paid for five months, and the lease deposit received from a lessee was used to repay the money to H without any choice after the fact, the victim is not obtained by deception from the victim, but was lent money to the defendant with the belief of the right to collateral security with sufficient collateral value, and thus, even though there was no causation between the defendant's deception and the act of disposal by the victim, the court below found the defendant guilty otherwise, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts: the evidence duly examined and adopted by the court below and the following circumstances acknowledged by the court below; ① At the time of lending money to the defendant through F, the victim set up a collateral of KRW 45 million to secure the maximum debt amount with respect to the real estate located in Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant real estate”) purchased by the victim under the name of the defendant, but considering the important factors as to whether to borrow and borrow the instant real estate from the victim, the victim agreed with the victim to obtain a preferential repayment as the lease deposit or enter into a lease agreement with the defendant with the consent of the defendant when the victim leased the instant real estate after the lease. ② At the time, the defendant already borrowed KRW 24 million from H to the purchase fund of the instant real estate and repaid the said borrowed money with the lease deposit of the instant real estate.