The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

provided that this ruling has become final and conclusive.

A. According to the evidence submitted by the prosecutor (the fact-finding person), the court below found the defendant guilty of fraud on April 30, 2009, but found the defendant not guilty. The court below erred in the misapprehension of the judgment of the court below as to the fraud on April 30, 2009, which affected the conclusion of the judgment.

B. In relation to each crime of mistake (A) of mistake of facts, the fact that the Defendant received monthly payment from the victim C with respect to the number limit that began on August 30, 2008, and the number limit that started on September 30, 2009, and received from the victim C on May 4, 2009 is recognized.

However, since the Defendant’s obligation incurred in operating the fraternity before August 30, 2008 was repaid on behalf of the Defendant’s husband H, there was no obligation under the name of the Defendant at that time. However, although H bears the obligation of KRW 50 million in the name of H to build the stable, this is merely the obligation of H, not the obligation of the Defendant, but the Defendant was not immediately paid to the victim C in the number fraternity starting on August 30, 2008, but the victim agreed to re-investment in the number fraternity starting on September 30, 2009. The Defendant was able to operate the normally and normally at that time, and the Defendant had the intent to pay and repay the borrowed money, so there was no intention to commit deception and fraud.

(B) In relation to embezzlement, the Defendant, after receiving five million won from the victim E, did not use it in repayment of the victim E’s debt to the victim E, and agreed to use it as a deposit money to be paid by the victim E, so the crime of embezzlement is not established.

(2) The sentence imposed by the lower court on the Defendant (one month of imprisonment, two years of suspended execution, two years of probation, and community service) is too unreasonable.

2. The burden of proving the facts charged in a criminal trial on the prosecutor's assertion of mistake is the burden of proof.