The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. In relation to the crime No. 1 of the facts stated in the judgment of the court below, the defendant borrowed 33 million won to the victim and requested the victim to have 333 million won as a joint guarantor, and the victim first rejected it. However, the victim's joint and several surety is merely a joint and several surety in response to the fact that the victim has a joint and several surety, and it does not deceiving the victim that the defendant would pay his/her debt as a joint and several surety, thereby deceiving the victim to acquire money.

Even so, the court below found the defendant guilty of deceiving the victim and deceiving the victim with 33 million won, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and 120 hours of community service) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below, i.e., ① the defendant borrowed 33 million won to the victim C engaged in the bond business with the introduction of E, and the victim could not lend money to the defendant's child or his/her mother as a joint guarantor. The victim seems to demand the defendant's child or his/her mother as a joint guarantor. ② The defendant believed that the victim is a joint guarantor only in the form of D, and made a fair certificate under the name of D. However, although the defendant borrowed money to the victim who is a bond company, if the defendant is unable to repay his/her debt, it is difficult to understand that the defendant believed that D is a joint guarantor only formally, in light of ordinary common sense and rule of experience, and ③ D is against the victim.