The crimes of paragraphs (1) through (3) and (2) of the first list of crimes in the judgment of the court below shall be committed against the defendant.

A. misunderstanding of facts1) The Defendant, as stated in the judgment below, received money from the victim E at each time specified in the crime sight table 1 to 3 of the first instance judgment. However, the Defendant borrowed money with a heavy-end purchase fund or bond repayment expenses, which did not deception the victim as stated in the facts charged, and the Defendant did not have any criminal intent to obtain the money. 2) The Defendant, as stated in the first instance judgment, borrowed the business funds of the victim with a limited amount of time and time and time and at the same time, borrowed money from the victim, but did not receive the actual money from the victim.

In addition, it did not deceiving the victim as stated in the facts charged, and there was no intention to commit the crime of defraudation by the accused.

B. The sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for the crimes in paragraphs (1) through (3) of the list of crimes in Article 1 of the original decision and the crimes in paragraphs (4) through (8) of the list of crimes in Article 1 of the decision of the court below) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below with respect to the crime list 1 to 3 of the first ruling of the court below as to the assertion of mistake of facts, the defendant can recognize the facts of deceiving the victim in relation to G, such as the above crime list 1 to 3, and also recognize the criminal intent of defraudation by the defendant.

① The Defendant, while working at a motor vehicle sales agency, sold a vehicle of the customer who purchased a new vehicle instead of the vehicle of the customer, and paid the part payment for the new vehicle of the sales price. If the vehicle of the intermediate payment is not sold until the intermediate payment date, the Defendant borrowed the part payment from the other party and the payment for the part payment has been made. Each of the dates and time specified in the list 1 and 2 of the above crime list is argued to have been borrowed from the victim with the money borrowed from the victim, respectively.