A. Defendant 1) only lent money to the Defendant in the mind that the victim of mistake of facts knows difficult circumstances to help the Defendant with knowledge of the fact, and there is no means of deceiving the Defendant by deceiving the victim. 2) The imprisonment (six months of imprisonment) sentenced by the lower court against the Defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. Determination

A. The lower court consistently stated the part of the Defendant’s assertion of mistake of facts that ① the victim has consistently made a statement to the effect that “the business that the Defendant provided to China is well aware that it would be able to pay money if the funds would be secured,” and ② the F borrowed money from the Defendant to the effect that “the victim would have borrowed money together with the Defendant, and there was no fact that the Chinese business would have been done with the Defendant, and the victim would have borrowed money with the knowledge that it would have no ability to pay.” However, F was in a relationship with the Defendant when the Defendant was in the accounting or position of the company operated by the Defendant, and prepared a loan certificate to the victim with respect to the instant money. In light of these circumstances, F was difficult to believe this part of the statement in this case, ③ if the victim was aware that he had no intent or ability to repay money to the Defendant, it appears that the Defendant would not have received money borrowed from the Defendant and F on several occasions, and ④ the Defendant would have used money from the victim’s previous business without using the money.

. The above.