The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant is not guilty, since the defendant borrows 10 million won from the victim, but borrowed F, living together with the defendant, and the defendant is not guilty.

B. Even if the defendant is found guilty of unfair sentencing, in light of the fact that the victim paid damages and agreed to do so, the sentence of the court below against the defendant (the fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly examined and adopted by the court below and the court below, i.e., the victim's 10 million won out of the loan of this case was recognized as having been granted to F, but the defendant was also deemed to have borrowed money to the victim, and the remaining 5 million won was also paid to the defendant. The defendant was also in the presence of the defendant. The defendant received the remaining 5 million won from the victim and prepared the loan certificate (the 6th page of the investigation record) stating "the defendant's 10 million won out of the victim as the debtor," and it is reasonable to regard the lender as the defendant, and ② the defendant was led to the confession that the defendant obtained 10 million won from the victim to the court below from the investigation stage to the court below. Thus, the above defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, there are no other criminal records other than the one-time punishment force, and the fact that the defendant paid the amount of damage to the victim and agreed on it is favorable to the defendant.

However, the crime of this case was committed by the Defendant without the intent or ability of the Defendant to repay on or around May 15, 2009, by acquiring KRW 10 million as a loan, and acquired it by deceiving the victim with money for forty (40) days if he/she borrowed money in need of money.