A. The Defendant did not have the intent to commit the crime of defraudation because he/she had the intent and ability to repay the borrowed money at the time of borrowing money from E and J, and the Defendant paid the money with the approval of the president of the council of occupants' representatives by a normal disbursement resolution as a female president, and even though the intention of embezzlement is not recognized, the lower court found the Defendant guilty of all the facts charged of the instant case in violation of the misapprehension of the legal doctrine or mistake

B. The sentence of the lower judgment on unreasonable sentencing (one year of imprisonment and two years of suspended execution, fine of 700,000 won, community service, and 160 hours) is too unreasonable.

2. Determination

A. According to the evidence and records duly adopted and examined by the court below as to the assertion of mistake or misapprehension of legal principles, the defendant: (1) owned the above maximum debt amount of KRW 10 million on August 8, 2008; (2) KRW 10 million on September 23, 2009; (3) KRW 5 million on February 22, 2010; (2) KRW 70 million on August 9, 2010; and (3) KRW 70 million on September 6, 200, KRW 700,000 on September 10, 201; and (3) the above maximum debt amount of KRW 70,000 on September 10, 201; and (4) KRW 70,000 on September 26, 201, KRW 700,000 on September 20, 206.