A. Fact-misunderstanding ① borrowing KRW 20 million from the injured party is true, but it is not borrowed from the injured party as the operational fund of Section C, but as the name of tinsan Development. ② The net profit of “P”, which is the fishery products supplier operated by the spouse at the time, was at least KRW 100 million in one year, and the injured party has trusted it and lent the above money. The defendant did not deceiving the injured party as stated in the facts charged, nor did he had the intention of defraudation.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of fact 1) In light of the spirit of substantial direct deliberation and the difference between the first instance court and the appellate court’s method of evaluation of credibility, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court's judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006). 2) On the ground that the Defendant asserted the same as above in the lower court, the lower court rejected the Defendant's assertion under the title "judgment on the Defendant's assertion" in detail.

Based on the evidence duly adopted and examined by the court below and the court below.