The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant did not submit a written complaint containing false facts in an investigative agency, the court below accepted the facts charged in this case and found the defendant guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts: (i) At the time when E borrowed KRW 30,00,00 from the defendant to the court of the court below on April 28, 2004 from the investigation agency to the court of the court below; (ii) at the time when E borrowed KRW 30,00,000 from the defendant, the title trustee of the real estate of this case as the debtor, it is consistently stated that G agreed that if the ownership transfer registration was made in his own name as to the real estate of this case, G will be exempted from the above loan; (iii) although the ownership transfer registration was made in the name of G with respect to the real estate of this case, H, its father, was not changed from F to G, the defendant was not required to change the above debtor's name from F to G; and (iii) if the defendant did not receive the above loan from the title trustee of this case, the defendant should not be required to receive the loan of this case from G15.