A. On October 2009, the Defendant did not threaten the victim E (the victim’s mother-child) with respect to the collection of credit around October 2009.

In addition, since there is no fact that the defendant exempted D from the obligation around August 14, 2010, the defendant's act of applying for a payment order against D, etc. on December 11, 2012 does not constitute fraud.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in the misapprehension of facts.

B. The punishment of the lower court’s unfair sentencing (one year of imprisonment with prison labor, two years of suspended execution, one hundred and twenty hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In a case where an intentional act of deceiving a court by filing a lawsuit with a false content of legal doctrine is intentional, deceiving a court shall be a means of deception if it is sufficient to deceive a court by the party’s allegations even if the false evidence is not used (Supreme Court Decision 2011Do7262 Decided September 8, 201). (b) According to the evidence duly adopted and investigated by the lower court, the following circumstances are acknowledged:

① On November 2, 2002, C set the due date of repayment of KRW 20 million to D on December 12, 2002, interest rate of KRW 3% per annum, and interest rate of KRW 40% per annum on December 12, 2002, and J guaranteed D’s debt.

② The Defendant, who was engaged in the debt collection business, demanded C to repay debt in lieu of D’s debt on October 2009 at C’s request, and on May 25, 2010, he acquired the above credit from C [the Defendant alleged that he did not engage in the debt collection business, but the Defendant was punished for violating the Use and Protection of Credit Information Act by engaging in the debt collection business without obtaining permission from the Financial Services Commission from around 2008 to around 2010 (see U.S. District Court Decision 2013 Height3647, Oct. 8, 2009). < Amended by Act No. 9835, Oct. 8, 2009>