A defendant shall be punished by imprisonment for not less than five months.

A. In a case where the Defendant borrowed KRW 30 million from the victim C on Nov. 1, 2009, the Defendant provided the instant fee parking lot (Tongsung-gu D) as security, and did not talk with the Defendant as security for the deposit for parking lot rent of KRW 30 million and facility compensation.

On October 4, 2010, KRW 40 million was invested by the victim as gambling funds, and there was no false statement about the instant fee-charging parking lot lease deposit and facility compensation.

In the judgment of the court below which found the defendant guilty of the facts charged of this case, there is an error of mistake.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The victim has consistently lent KRW 30 million to the police and the court below for the following reasons: (a) at the time when the victim leased KRW 30 million to the Defendant, the Defendant stated to the effect that he/she would be entitled to the facility compensation in the event of redevelopment, and that he/she would also receive facility compensation in the event of redevelopment.

On the other hand, the defendant asserts to the effect that if the victim is unable to pay KRW 30 million to the victim, he only transferred the right to operate the paid parking lot of this case and did not say that there is KRW 30 million of lease deposit, and the lease contract presented to the victim at the time is No. 2 of the No. 63 of the trial record.

The contents of No. 2, however, the defendant leased the instant fee parking lot for two years from the development of the Bupyeong Industrial Development Co., Ltd. on March 24, 2000, but the monthly rent of four million won is paid in lump sum, and if it is impossible to use the land in the middle, the incidental industrial development is paid in KRW 10 million (the monthly rent is settled according to the period of use) to the defendant.

At the time, the victim borrowed KRW 30 million to the defendant, and the interest rate shall be 10% per annum and the due date shall be April 3, 2010, and the authentication of the debt repayment contract shall be received.