The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. Since the defendant was not guilty of receiving an advance payment from the victim, the judgment of the court below which convicted the defendant is erroneous.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts, i.e., the following circumstances acknowledged by the court below by comprehensively taking into account the evidence legitimately adopted and examined by the court below, i.e., ① the victim stated that he has consistently made payment of guidance money to the defendant from the investigative agency to the court of original trial; ② the defendant stated that he has received guidance money from the victim; ② the defendant has been paid it from the victim; ③ the defendant has prepared a promissory note and a receipt; ③ the defendant himself acknowledges the fact that he has prepared the above documents by coercion or deception of the victim; ④ the content of the account book prepared by the victim is consistent with the victim's statement; ④ the content of the account book prepared by the victim is consistent with the victim's statement; and it is difficult to deem that the victim altered the account book with only the part related to the defendant; and there is no error of law of misunderstanding of facts as alleged by the defendant; and thus, the above argument by the defendant is without merit.

B. It is recognized that the Defendant did not have any record of having committed the previous fraud as an initial offender, and that the Defendant committed the instant crime and did not cause substantial damage to the victim on account of the attempted crime.

On the other hand, however, the defendant denies the crime of this case, and the crime of this case is intended to induce the court, and the nature of the crime is not good.