A. Of the facts charged in the instant case, as to the fact that the Defendant acquired 160 million won from the victim E from December 1, 2014 to September 1, 2015, the crime of fraud is not established since the Defendant borrowed 160 million won from the damaged party at the time of the above day, although there was a fact that the Defendant borrowed 160 million won from the damaged party at the time of the above day, the Defendant had the intent of repayment and the ability to repay, and had no intention to acquire by deception.

Nevertheless, the court below convicted the defendant of this part of the facts charged, and the judgment of the court below is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s judgment as to the assertion of factual mistake states the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the statement that the Defendant directly prepared and submitted to the company around June 15, 2017, which was after the Defendant committed fraud against the company’s lending fees, and the Defendant continued to suffer losses due to the investment of stocks from around 2010, and the Defendant received a loan from the lending company to recover losses within the short period of time. However, the Defendant suffered losses due to the loan from the lending company, and the Defendant began to borrow and borrow money from the lending from around 2014 because it was difficult to cover interest due to the fact that the Defendant had not been able to do so, and thus, the credibility of the written statement prepared by the said Defendant was high since the Defendant was very specific and consistent with the victim’s statement, ② the Defendant was not in charge of interest on the lending business around 2014, and thus, the Defendant was merely a considerable amount of the Defendant’s payment of the loan to the victim.

It is difficult to see, 3. The defendant's use of the loan.