A. In fact at the time of mistake of facts, the Defendant had a personal debt, but this was the borrowed money from those who borrowed from the victims E to purchase and process the sea ginseng with the borrowed money and had the intent and ability to repay it to E with the proceeds from sales. In fact, the Defendant purchased sea ginseng equivalent to KRW 37 million. However, the Defendant’s sales of the Busan Factory Team in charge of secondary processing and sales did not make smooth, but it was merely that H, who was in the same business relationship with the Defendant, collected sea ginseng equivalent to KRW 58km ( KRW 900,000 per 1km) and caused unavoidable damages.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The court below asserts that the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) although the defendant was unable to present the supporting materials, he did not present the evidence; (ii) as to the harm equivalent to the above 58km as to H’s statement at the time of the police investigation, it appears that the defendant was presumed to have been willing to purchase from H; and (iii) the defendant did not have any problem with the ability to repay the money from those who are not the bond company; (iv) in the prosecutor’s investigation, the defendant used more than 60,000 won of the loan with high interest at the time of borrowing KRW 100,000,000,000,000 won of the loan, the loan amount was 5,000 won of the opening, and the defendant was pressured to repay the principal and interest of the bond at the time of the police investigation.