A. In light of the fact that the defendant borrowed money from the victim and failed to repay the borrowed money due to business failure, and that he paid interest for a considerable period after borrowing the money, it cannot be deemed that the defendant had the intention to acquire the money.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following facts recognized by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and the circumstances inferred therefrom, it can be sufficiently recognized that the defendant deceivings the victim as stated in the facts of the crime in the judgment below, and that there was the intention to acquire money by the defendant at that time.

The defendant's assertion of mistake is without merit.

1) The borrowing of money as stated in Section 1-A of the facts constituting the crime in the judgment below (hereinafter “first crime”).

A) As to the term of reimbursement agreement at the time, the victim consistently stated that he/she had to repay three months after the investigation stage to the court of the lower court. However, at the time of the first investigation conducted by the police, the Defendant stated that “the term of reimbursement is not memory, but would have not been determined, or would have been repaid within one year” (No. 53 pages of evidence record). The Defendant borrowed money as stated in 1-b. of the facts constituting the crime of the lower judgment (hereinafter “the second crime”).

A) Around the time of the first crime, the interest rate of 10% per annum was increased by 20% per annum (Evidence Nos. 2 and 12, as alleged by the Defendant, if only interest was paid without setting the due date at the time of the first crime, it appears that there was no reason to raise the interest twice.

Therefore, the statements of the victim may be reliable.

As above, the repayment period was three months later at the time of the first crime.