The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant is not guilty of deceiving the victim as stated in the facts of the crime in the judgment below.

In addition, there is no fact that the victim received money from the victim to the account, but there is no cash or check such as the No. 1 to 5, 10 through 12, 14, 17, 18, 27, and 41 of the crime list as stated in the decision of the court below.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, i.e., the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of fact: ① the victim has no money to use as a party by putting the credit card from the Defendant to the court of the lower court, consistently from the investigative agency to the court of the lower court. As such, the victim would have lent KRW 2,00,000 to 2 months thereafter.

B. In Gangnam-do, the rental store and head office are operated in Gangnam-do, and the father also owns real estate, etc. in decentralization and Gangnam-do.

Seeking the horses of “,” etc., and lending approximately KRW 32 million to the Defendant.

On March 2, 2011, the Defendant: (a) prepared a fair deed with respect to promissory notes with face value of KRW 19,000,000 and face value of KRW 13,000,000 to the mother K of the victim; and (b) the Defendant asserts that there is no money in cash from the injured party; (c) the Defendant was asserting that there was no money in cash from the injured party. However, at the time of the investigation by the prosecutor, the Defendant received approximately KRW 6 million in the account and received KRW 10,000 in cash.

The defendant made a false statement to the victim, such as the fact that there is no consistency in his statement, ④ that the defendant borrowed money from the damaged person, ④ that the prosecutor made a false statement to the victim, such as “the father has been re-feased”, “the father has operated Q in his house,” “the fact that there was a car in his house,” “the house,” and “the house,” etc.

It means to borrow approximately KRW 32 million from damage.