All the costs of the original judgment and the trial shall be borne by the defendant.

A. In fact-finding, the Defendant: (a) leased the instant vehicle under the name of the company operated by himself; (b) was anticipated to receive a considerable amount of money from the female students in the U.S. at the time; and (c) requested the victim C who was in office as a director of the said company to pay the said rental fee by substitute.

However, since the financial standing of the company is not good, the company could not repay the instant siren expenses to the victim by using all the money that it received from female students as operating funds of the company, etc., and the defendant does not intentionally induce the victim to acquire the amount equivalent to the instant siren expenses.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① the victim consistently stated to the effect that “the defendant has received the money of USD 3,00 from the United States at the time, so the victim would make a settlement after paying the rental fee in lieu of the vehicle of this case.” (On the other hand, the victim did not receive the said rental fee from the defendant at the time of the trial and did not receive the said rental fee from the defendant; however, it is difficult to believe that the victim’s statement was the case where the victim reversed the previous statement after agreement with the defendant at the time of the trial; ② although the defendant received money from the female student in the United States after the time of this case, the victim failed to pay the rental fee of this case to the victim by the recent time after consuming the transferred money under other names; ③ The victim of this case is recommended by the defendant.