A. Although a mistake of fact received KRW 20,50,00 from the victim, this is paid as investment money in accordance with the agreement that the victim would make an investment in the credit business operated by the defendant and distribute profits, and the defendant paid some profits to the victim pursuant to the above agreement. Although the defendant did not deceive the victim as stated in the facts charged, the court below erred by misunderstanding the fact that the defendant was guilty and thereby adversely affected the conclusion of the judgment.

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

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, at the investigative agency and the lower court’s court, the victim borrowed KRW 50,000 in total on September 26, 201, and September 29, 201, and thereafter, the Defendant left Gangwon-do to leave the vehicle as security, on the ground that there was insufficient money for the Defendant to borrow the vehicle as security at the investigative agency and the lower court.

After that, if you lend KRW 5,500,000 to 5,000, they remitted KRW 5,500 to NAs as security, and continued to catch Benz as security, while sending money to IMs as security, they lent KRW 10 million in total over twice.

피고인이 자신에게 “너는 무슨 세금을 그리 많이 내냐. 고급차를 타서 몇 달 사면 가격이 떨어지는데 그런 식으로 차를 탈 필요가 없다. 돈을 빌려주면 그 돈을 다른 사람에게 빌려주고 차를 담보로 잡은 다음 그 차를 자네가 탈 수 있게 해주겠다. 만약 원래 차주인이 돈을 갚으면 차를 돌려주면 된다. 원래 차주인이 보험도 들어 놨기 때문에 보험도 안들어도 된다”고 말했기 때문에...