A. The Defendant, as stated in the judgment of the court below, did not receive a large amount of money or used a credit card of the victim, and if he received such money, it was paid to the victim to compensate the damages inflicted on the Defendant in the course of managing the commercial building owned by the Defendant before, or was not borrowed from the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of both the facts charged of this case that the defendant received money under the name of borrowed money without the intention and ability to repay or acquired it by using a credit card in the name of the victim.

B. The sentence sentenced by the lower court (the community service order of October, 2 year of suspended execution, 200 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, it is reasonable to view that the victim either delivered money to the defendant or used his credit card as stated in the facts constituting the crime in the judgment below, and that this was the name

The details of money and credit card use by the injured party are confirmed by objective data such as financial transaction details, check inquiries, etc. as well as the statement of the injured party.

From the investigative agency to the court of the court below, the victim D borrowed 50,000 won in total on several occasions from the defendant, purchased equipment for the operation of the bus company by the credit card of the victim, and then borrowed 20,000 won again if it is necessary to secure funds in addition to the large customers.