The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)

A. The Defendant did not make a false statement as stated in the facts charged, but merely stated that “A letter of guarantee was issued by the Small and Medium Business Corporation, which can obtain a loan of KRW 870 million in the form of the said letter, and if so, he/she may repay the money with the money.” (ii) The Defendant had the intent or ability to pay the money borrowed from the victim in light of the economic condition at the time of borrowing the money.

Nevertheless, the judgment of the court of first instance which convicted the defendant is erroneous, or there is an error of law by misunderstanding the facts or by misunderstanding the legal principles concerning the criminal intent of fraud and fraud.

B. The sentence imposed by the first instance court of unfair sentencing (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the first instance court’s duly adopted and investigated evidence regarding the assertion of mistake of facts or misapprehension of legal principles, the Defendant can sufficiently recognize the fact that he/she acquired money from the victim with the intent of deception, as stated in the facts charged, by means of deception.

Therefore, the defendant's above mistake of facts or misapprehension of legal principles is without merit.

The victim E indicates that "First, L is operating F, the Small and Medium Business Corporation issues a letter of guarantee issued by the Small and Medium Business Corporation, and later is scheduled to issue a letter of guarantee at the Pocheon Credit Guarantee Foundation, and a loan of approximately KRW 2.4 billion in total at the two places, and if a loan of KRW 170 million to A for three months, it shall be repaid with L on June 9, 2009, and if a loan of KRW 2.4 billion is granted to A from the two places, it shall be paid with L to A on three months after three months after the two guarantee certificates."