A. The Defendant had an intention to work as an employee in the entertainment tavern that the victim works as the head of office, but only did not pay the prepaid amount by preventing the victim from working in the workplace. Therefore, there was no intention to deception and deception.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the allegation of mistake of facts, i.e., the following circumstances acknowledged by evidence: (i) the victim stated that “the Defendant did not work at the doping of the Defendant from March 14, 2016, the day on which he received the advance payment, or did not work at the time from the 17th day of the same month; and (ii) the Defendant did not work at all from the 18th day of the same month (Evidence No. 151 pages); (iii) the Nonparty did not work at all from the day after receiving money from the 15th day after receiving the Defendant’s first attendance on March 17, 2016 (Evidence Records No. 151 pages); (iii) the Defendant did not look at the Defendant’s ability to return the advance payment and arrange the advance payment to the Defendant; but (iv) the Defendant did not appear at the 15th day after receiving the advance payment from the Defendant and the 15th day after receiving the aforementioned evidence from the 15th day of the attendance.