All appeals by prosecutors are dismissed.

A. On January 2008, the Defendant asserted the mistake of facts as to the fraud against the victim F. The Defendant borrowed KRW 30 million from the victim F as a partner of the amusement room, and received KRW 25 million after deducting KRW 4.5 million from the preferred interest and return the remainder to the P. who was invested first in the amusement room, and used the remainder as a entertainment rent. However, the Defendant borrowed KRW 30 million from the victim for the opening of the amusement room, and there was no intention to commit fraud because the above borrowed money was expected to be repaid by operating the amusement room.

Nevertheless, the court below found the defendant guilty of this part of the facts charged by misunderstanding facts.

B. Whether there was an intentional intent to acquire money by deception in the context of a mistake of facts or a misunderstanding of legal principles with regard to the fraud of the public prosecutor regarding the fraud of the victim C shall be determined at the time of conclusion of the contract. In full view of the evidence submitted by the public prosecutor, the defendant is recognized as having no intention or ability to perform the contract terms at the

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant not guilty.

C. The Defendant asserts that the lower court’s sentence (six months of imprisonment) on the grounds of unfair sentencing by both parties is too unlimited, and the prosecutor is too uneasible and unfair.

2. Determination

A. (1) The evidence duly adopted and examined by the lower court and the first instance court and the records as follows. (1) The victim stated that, in the investigative agency and the first instance court, the Defendant lent KRW 30 million to the Defendant for the opening of the “H” main business, and the statement made by Q’s investigative agency that introduced the victim to the Defendant is also the victim’s statement.