The defendant's appeal is dismissed.

The defendant shall pay 34,00,000 won to the applicant for compensation by deceit.

3.2

1. Summary of grounds for appeal;

A. In addition, the court below which found the Defendant guilty of the facts charged is erroneous in the misapprehension of facts and affecting the conclusion of the judgment, even though the Defendant did not have any intent or ability to repay the total amount of KRW 100 million, such as making a loan of KRW 674 billion from the victim C, and making a repayment of KRW 650,000,000,000,000,000,000,000,000, which was paid to the Defendant.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances are acknowledged based on evidence duly adopted and examined by the court below and the court below, namely, ① the defendant, at the time of financing the amount of KRW 34 million as stated in the facts charged, 68 pages of evidence records, and ② the defendant, with interest name, paid the amount of KRW 650 million to the victim, but the defendant did not have any criminal intent to commit fraud. However, although the principal was paid within 6 months, the principal was paid to the victim, and the principal was paid as interest at a higher rate than the total amount of principal, and the principal was paid as at the time of the victim's request for repayment, the defendant cannot be deemed to have had any criminal intent to obtain fraud, solely on the above circumstances, since the principal was paid as at the time of borrowing KRW 34 million,400,000,000,000,000,0000,000,000 won, and the principal was paid as at the time of the victim's request for payment.