A. Unlike the facts charged in the instant case of mistake of facts, the amount borrowed from the victim as expenses for hospital operation is merely KRW 3 to 400 million, and the Defendant’s loan certificate of KRW 570 million (hereinafter “the loan certificate of this case”) written on January 8, 2013 does not relate to a new borrowed amount, but merely stated the sum of the borrowed amount borrowed from the previous victim. However, the lower court convicted the Defendant of all of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts, the defendant argued the same purport as this part of the grounds for appeal, and the court below found the defendant guilty of all the charges on the defendant, considering the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, based on the following facts in its reasoning: (a) the amount obtained by the defendant from the victim was a total of KRW 1,092,000,000,000.

Examining the judgment of the court below closely and closely with evidence, evidence rules, and legal principles, the above judgment is justified.

Therefore, the defendant's assertion of mistake is without merit.

B. It is recognized that there are favorable factors for sentencing, such as the recovery of approximately KRW 128 million out of the amount of damage on the assertion of unfair sentencing.

However, even though there was a history of punishment twice as a crime of fraud and one suspended sentence, the defendant committed the crime of this case by deceiving 1,092,000 won from the victim, and the quality of such crime is bad. The defendant not only committed serious economic damage to the victim by deceiving the victim from the victim of the above large amount of money, but also caused the victim by suffering from depression and a certificate of challenge.