A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date of the final judgment.

A. In relation to the mistake of facts and misapprehension of legal principles regarding the crime of fraud against the victim Nos. 1 and 2 of the facts charged, the court below which found the defendant guilty of this part of the facts charged even though the defendant did not have any intention to commit the crime of deception, since some principal and interest have been continuously repaid to the victim.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is excessively unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts and misapprehension of legal principles (1) The intent of defraudation, which is a subjective constituent element of fraud in the relevant legal doctrine, shall be determined by taking full account of the objective circumstances such as the financial history of the accused before and after the crime, the environment, the details and contents of the crime, and the process of implementing the transaction,

(2) The following circumstances, which are acknowledged by evidence duly adopted and investigated by the lower court at the lower court’s judgment (see, e.g., Supreme Court Decisions 94Do2048, Oct. 21, 1994; 95Do3034, Mar. 26, 1996). (2) The Defendant has engaged in financial transactions several times with the victim, i.e., a certain amount of repayment, and the Defendant appears to have been made at the time of borrowing each amount from the original victim, but the Defendant was under investigation, but did not appear to have been able to fully repay the borrowed amount to the victim due to the increase in material costs and other liabilities accumulated by the increase in material costs even if receiving such payment. The Defendant stated that the owner of other construction works, which had been under way from the victim at the time of borrowing money from the victim, attempted to leave it to another person who is not the owner of the completed construction works, thereby making it impossible for the victim not repaid normally.