The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the guilty part in the case of 2018 Gohap845) were not accused of the victim F, and the lower court did not have the intent to commit the crime of defraudation. Therefore, there was an error of misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s sentence of unfair sentencing (one and half years of imprisonment) is too unreasonable.

B. According to the prosecutor 1) misunderstanding of facts in the case of 2018 Gohap845, the defendant borrowed KRW 100 million from the victim through the J on April 7, 2016 and the defendant did not have any sufficient means to repay to the defendant at the time.

The lower court found the Defendant not guilty of this part of the facts charged, which erred by mistake and incomplete hearing.

B) According to the U’s statement, etc. in the case 2019Gohap366 U.S., the summary language of Defendant’s operation is subject to the expression of the lower court’s judgment. The amount of the goods has not been paid in time due to serious financial difficulties, and T was supplied with goods under a promise to receive the goods from the Defendant on a timely basis, but the Defendant failed to pay the goods. The lower court that acquitted the Defendant of this part of the facts charged was erroneous in matters of mistake of facts. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, etc. by the Defendant and the Prosecutor, the Defendant asserted the same purport in the lower court’s judgment (1). The lower court rejected the Defendant’s assertion that: (a) the Defendant, in the fourth through seventeenths of the lower judgment, did not have any intent or ability to repay the instant loan (2018Gohap8450) at each time; (b) instead of having any intent or ability to repay, the Defendant, either directly or through J, deceives the victim of the financial status and possibility of repayment; and (c) by deceiving the victim of the instant loan by receiving the instant loan from the victim, he/she acquired the instant loan from the victim.

(ii).