A. In a case where a mistake of facts: (a) the Defendant was unable to lend money to the victim D and did not pay the money properly; and (b) the Defendant was unable to sell the dpanty in a proper manner while selling the dpanty, and the damage amounted to KRW 296 million in total, it can be sufficiently recognized that the Defendant acquired the money by fraud as a whole.

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (three million won of fine) is too uneased and unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged (1) around February 7, 2007, the Defendant: (a) at a mutual influent restaurant located in the 4-dong, Gwangjin-gu, Seoul, Seoul; and (b) notwithstanding the fact that the Defendant did not own the 31-dong 406-dong 31-dong 406-dong, Gangnam-gu, Seoul, in which the Defendant resided, and could not provide it as a security, the Defendant borrowed 100 million won from the victim D to the effect that “I would use only one year if I would lend money; and (b) if I would not pay money up to time, I would make the said E apartment as security.” On February 7, 2007, the Defendant received 100,000 won from the victim to the Defendant’s bank account in the Republic of Korea on account of the Defendant’s bank account.

(2) On December 10, 2007, the Defendant’s office located in Gangseo-gu Seoul Metropolitan Government, the fact is that: (a) the Defendant was supplied with panty panty by the victim D, even if sold, the Defendant did not intend to deliver the sales proceeds to the victim; and (b) even if the goods are not sold, the Defendant did not have the ability to pay the sales proceeds, the Defendant’s false statement to the effect that “on the face of the supply of the goods, it shall be sold and paid to the victim by the 25th of the following month; and (c) even if the goods are not sold, 50% of the sales proceeds shall be paid on the date of promise, and then the remainder shall be paid on the 139,574,000 won.”