A. In determining facts, the Defendant did not have the intent and ability to pay KRW 50 million from the victim D at the time of receiving KRW 50 million, but did not make a false statement about the victim. Therefore, the judgment of the court below is unreasonable.

B. The sentence of unfair sentencing (two years of suspended execution in six months of imprisonment, and 80 hours of community service order) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant operated C Farming Association (hereinafter "the farming association of this case"), and the defendant can be recognized as having a debt of about one billion won from financial institutions at the time, and the defendant can be found guilty on the ground that according to the above facts acknowledged, the defendant's assertion of the above facts is without merit since he can be found guilty as to the crime of fraud, including the above facts.

B. As to the assertion on unfair sentencing, the defendant did not have any history of punishment for the same kind of crime, and even though he was aware that he has compensated the victim for the considerable amount of money, the amount of damage caused by the crime of this case is not specified as KRW 50 million, considering all favorable circumstances for the defendant as seen earlier, and the court below seems to have determined the punishment in consideration of all favorable circumstances for the defendant, and there is no reason to reduce the punishment differently, as well as the age, character and conduct, environment, motive, means and consequence of the crime