A defendant shall be punished by imprisonment for three years.

A. misunderstanding of facts1) [1] [2019 Highest 3394] Case] Defendant borrowed funds from the victim B by borrowing 30 million won, using only 30,000 won, and borrowing 30,000 won, and did not commit deception, such as written in the facts charged.

B) The victim B loaned KRW 200,000 to the court below that the Defendant would use only 30,000 won, and the remaining KRW 11,70,000,000 won was lent for the purpose of receiving a return of KRW 200,000,000. Even if the Defendant committed a deceptive act as stated in the facts charged, there is no causal relationship between the Defendant’s deception and the disposition of the victim B’s disposal. 2) [2019No3648] case where the Defendant introduced a person who would invest KRW 20,00 in D, E, and F, but the Defendant did not know at all the victim H, and did not commit any deceptive act against the victim H.

The deception against the victim H was all D and G, and the defendant is merely a receipt of money acquired through deception by D.

B. The instant facts charged by misapprehending the legal principles are apparent that the deception itself is a vergy, and can be easily known that it is a false representation, and it cannot be deemed as a deception that causes mistake to be omitted.

C. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant denied all the facts charged of this case on the third trial of the court below, and led to confession on the third trial of the court below. 2) The Defendant’s confession in the court of first instance is not sufficient to conclude that the probative value or credibility of the confession is doubtful solely on the grounds that the confession in the court of first instance differs from the statement in the court of appeal. In determining the credibility of the confession, the contents of the confession are objectively rational, what is the motive or reason for the confession, and what is the motive or reason for the confession.