A. A person who paid KRW 100 million as security deposit by entering into a partnership agreement on the operation of an entertainment drinking club with the Defendant of mistake of facts and “C” is not D.

Nevertheless, the judgment of the court below which ruled that the defendant deceivingd D and obtained money from D is erroneous in misunderstanding of facts.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant and the entertainment business partnership agreement is prepared, and the person who has registered as a partner in the certificate of business license of entertainment business is not D but E.

① However, with respect to the other party who paid KRW 100 million in the original judgment, E, the nominal owner of the above agreement, stated that “self-reliance lent KRW 100 million to D as it did not know about the entertainment tavern or Bande, and made a loan certificate for KRW 100 million on D and the above KRW 100 million on the job in which D were attached with the Defendant. If he did not receive the money as agreed, he would have made a request for money to D, and there was no difference in the money from the contract date to the Defendant.” As to the reasons under the above agreement or permission, he did not enter into an agreement with the Defendant on his business or directly paid the deposit money to the Defendant, and made a statement to the effect that D and the above KRW 100 million on the aggregate paid KRW 400 million to E and KRW 1500,000,000 from April 2, 201 to November 18, 2013.”