With respect to the fraud of the victim of mistake of facts D, the defendant did not deceiving the above victim and defraud the 85 million won, and he received and used the money from the defendant's account under the pretext that the husband of the defendant invests shares.

The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is unreasonable.

Judgment

In regard to the assertion of mistake of facts, the probative value or credibility of a confession cannot be deemed to be doubtful solely on the grounds that the confession in the original court differs from the statement in the appellate court. In determining the credibility of a confession, considering the fact that the content of the confession itself is objectively rational, what is the motive or reason of the confession, what is the background leading up to the confession, and what is not contrary or contradictory to the confession among the circumstantial evidence other than the confession, the determination of whether there exists a situation where there is a rational doubt in the grounds stipulated in Article 309 of the Criminal Procedure Act, or in the motive or process of the confession.

(2) On September 28, 2001, the court below held that the Defendant invested 1.5 million won of the money received as above in daily living expenses and the remainder in modernly semiconductor Seoul shares in its name, as stated in the facts charged, as follows: (a) in the police police, the Defendant: (b) stated that the Defendant invested 1.5 million won of the money received as above, without being awarded a successful bid for the auction goods; and (c) stated that the Defendant invested 1.5 million won of the money received as above in daily living expenses; and (d) the remainder of the money received as above.