A. In fact-finding, the Defendant received money from the victim, but received money from the victim as investment money for the development project of the Masan Hot Spring Tourist Complex (hereinafter “instant project”), and sought to carry out the instant project with the victim, but the said project was not feasible due to the lack of the loan. The Defendant’s use of the money from the victim for personal use is permitted by the victim to use the money voluntarily.

Nevertheless, the court below's finding the defendant guilty of the facts charged of this case has affected the conclusion of the judgment by misunderstanding the facts.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the following circumstances revealed: (a) the defendant used most of the money received from the victim for the personal use of the defendant; (b) the victim’s investment or the amount paid to the defendant, other than the loan, would have not been given the above money if the victim knew that it was a place other than the business expense of this case; and (c) the witness F testified to the victim’s statement at the court of the court below, regardless of whether the money paid by the victim was borrowed or invested, the defendant’s act of deception and fraud against the victim can be acknowledged only by the fact that the defendant received the money under the business expense of this case, regardless of whether it is a loan or an investment money paid by the victim.

Furthermore, considering the circumstances in which the victim paid the above money to the defendant, the victim would have allowed the defendant to use the above money for personal use.