A defendant shall be punished by imprisonment for one year.

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles borrowed money from the victim G and K by notifying the Defendant of all the details of the Defendant’s obligation and sales in order to appropriate for the repayment of the operating fund and the existing obligation, and all of the borrowed money was used for the repayment of the operating fund and the existing obligation. An insolvent financial institution in which the said victims continued to pay the principal and interest, making it impossible to fully repay the borrowed money.

Therefore, although the defendant did not deception the victims by deceiving the victims, the court below found him guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

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

B. (1) According to the evidence submitted by the prosecutor (1) misunderstanding of facts, it is recognized that the defendant deceivings the victim C as stated in the facts charged in the instant case and acquired 30 million won as the borrowed money.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable.

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion of mistake of facts, the following facts can be acknowledged according to the evidence duly admitted and examined by the lower court.

① Around April 2010, the Defendant opened and operated a healthcare center with the trade name “F” in Jongno-gu Seoul Metropolitan Government D’s building, and around June 201, the Defendant opened and operated a healthcare center with the same trade name in the building located in Jongno-gu Seoul Metropolitan Government E.

② On May 31, 2012, the Defendant and the students who were the students of the middle and high schools and the students of the same middle and high schools are liable to pay the above interest at a higher rate of KRW 100 million per month.