A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts as to the acquittal portion, the court below rendered a verdict of innocence against the defendant, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and 160 hours of community service) is too uneasible and unreasonable.

2. Determination

A. On June 1, 2014, the summary of this part of the facts charged is that the Defendant would pay 500,000 won after one week if he/she borrowed 500,000 won by telephone to the victim L at an infinite location. However, the Defendant was in excess of his/her liability due to the failure of various businesses, such as online game business at the time, and was intended to receive money first due to a severe demand for payment and otherwise receive money from the victim, but there was no intention or ability to use the money for business and receive money from the victim. In light of the following circumstances, the lower court determined by the lower court that the Defendant could have lawfully obtained 50,000 won from the Defendant’s account under the name of the said victim on June 2, 2014, but the Defendant could not have lawfully obtained 200,000 won from the Defendant’s new bank at the time, and in view of the fact that the Defendant did not have any obligation to pay 200,000 won to the Defendant.