A. The victim FF Co., Ltd. (hereinafter “victim Co., Ltd.”) claiming misunderstanding of facts did not specify KRW 300 million as “the use related to the construction project borrowed from the bean Republic of Korea” and paid them as contributions which can be arbitrarily used to promote the overall project, such as overseas construction promoted by the Defendant.

Therefore, the lower court erred by misapprehending the facts and convicted the Defendant, even though the instant facts charged did not constitute the facts charged that the Defendant deceiving the victim and borrowed KRW 300 million, as the Defendant had the right to execute construction works of the Congo.

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

2. Determination

A. We examine the argument of mistake of facts: the evidence duly adopted and examined by the court below, and the witness J's partial statement in the court of original trial; in particular, according to the witness J, G, L, I's statement and copy of the contract at the court of original instance, and the copy of the monetary consumption lending contract, the defendant is entitled to participate in the construction of Y, G, L, and I's loan contract as stated in the facts charged in this case; the defendant requested the victim company to lend expenses necessary for the promotion of the project; and the loan of money shall be repaid within one month.

In fact, however, the progress of the construction project of the Congo has been unfortunateed, and the fact that the defendant was not able to repay the borrowed amount of KRW 300 million within one month can be recognized.

Therefore, the defendant's assertion that all the facts charged in this case are guilty and that the above KRW 300 million was a contribution which the defendant can use at will is without merit.

B. The lower court determined the unfair argument of sentencing: (a) has made efforts to recover damage, such as deposit of KRW 100 million out of the amount of damage, etc. under favorable circumstances; (b) the Defendant has no same criminal record; and (c) has the history of punishment exceeding fines.