A. The Defendant, as stated in the facts charged of the instant case, did not induce the victim to purchase the gold bullion by wrapping it.

The defendant borrowed KRW 100 million from the damaged person as business fund.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted that the aforementioned grounds of appeal are identical to the assertion of mistake of facts.

In full view of the circumstances stated in the decision of the court below, the court below can fully recognize the fact that the defendant deceivings the victim as stated in the decision of the court below.

In light of the above, the defendant's assertion was rejected.

In full view of the circumstances revealed by the court below's duly admitted and investigated evidence, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) The victim's testimony at the court below stated that the existence of the warehouse in which the defendant kept gold (the 79th page of the trial record) and that the defendant would benefit more than 30% of the defendant's purchase of gold to the victim, such as that the defendant would have expressed the existence of the warehouse (the 79th page of the trial record) and that the defendant would benefit more than 30% of the defendant's purchase of gold.

there is credibility, consistent with the statement details at the investigation stage (the page 82 of the trial record), that there is credibility.

The decision is judged.

2) The testimony of the lower court in F, which provided that the victim raised KRW 100 million to the Defendant so that the Defendant can be dried, the victim also testified in F, and the victim.