A. The defendant in mistake of facts purchased the land of the FF and G two lots with the borrowed money borrowed from the victim and ordered the victim to set up a second priority mortgage. The court below convicted the defendant of the facts charged in this case in spite of the fact that the defendant could not be said to have a criminal intent because he could fully repay the borrowed money to the victim with the second priority mortgage. The judgment of the court below erred in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 4,000,000) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud in determining the assertion of mistake of facts, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The intent of the crime is not a conclusive intention, but a willful negligence is sufficient

(2) According to the reasoning of the lower court’s judgment, the lower court’s determination on November 4, 2013, based on the following facts: (a) the Defendant borrowed KRW 20 million from the victim for the purchase of land F, and G (hereinafter “instant land”) purchased from E in the course of voluntary auction on November 19, 2013; (b) the Defendant agreed to pay the victim interest of KRW 20% per month; (c) the Defendant received the ownership of the instant land from E; and (d) at the same time, set the maximum debt amount per month to the victim; and (e) the Defendant completed the registration of ownership transfer on the instant land on November 28, 2013; and (e) the Defendant thereafter set the registration of ownership transfer and the maximum debt amount as KRW 50,00,000,000,000,000,000 from E; and (e) the Defendant agreed to set the maximum debt amount per month on the instant land under the name of the Defendant’s I on the same day.