A. misunderstanding of facts (the fraud against the victims other than the I) committed against the victim I. However, in relation to the crime against the victims other than the above victims, the defendant lent the instant bill to E by promising the victim to pay E bills. However, since E received discount from the victims and did not pay the bills properly, the defendant did not induce the victims.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts are: ① from the police to the court of the court below, Party E consistently stated that it was requested by the Defendant at a discount of a bill, and that it was not a discount of a bill from the Defendant, and that there is no special circumstance to deny credibility in the statement of Party E; ② Party E deposited the discounted amount from the victims into the account of Party M, etc.; ② deposited the discounted amount from the victims into the account of Party M, etc.; and deposited all the remaining money into the Defendant as its fee; ③ the Defendant continued to lend the bill of this case to Party E to receive the unpaid payment due to its failure to pay the unpaid payment; but, if the Defendant’s assertion, the Defendant did not receive the discounted amount from Party E in the form of a loan certificate or confirmation certificate, etc.; and the Defendant did not take such measures.