A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the charges on August 23, 2012 and August 2013.

A. The Defendant, misunderstanding the facts, had the intent to perform the obligation and repayment at the time of each of the instant loans.

Unlike the expected economic situation after the loan, it is only impossible to repay the loan because it is difficult to do so.

Therefore, the criminal intent of defraudation cannot be recognized for the accused.

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

2. Judgment on the assertion of mistake of facts

A. From August 23, 2012 to August 2013, 2013, the following circumstances recognized by the lower court and the evidence duly adopted and examined by the first instance court related to each crime, namely, ① the Defendant paid the victim KRW 500,00 per month to the victim from October 4, 2012 to September 4, 2013 with interest rate of KRW 30,000 per annum from August 23, 2012. From around September 28, 2013, the Defendant paid the victim KRW 750,00 per annum to the victim at KRW 30,000,000 per annum from August 28, 2013; ② the Defendant transferred KRW 130,000 to the victim on March 18, 2015; and ③ the Defendant already paid KRW 20,000,000 from each of the Defendant’s funds borrowed to the victim on the condition of KRW 130,5000,00,00.

It is reasonable to view it.

If so, the evidence presented by the prosecutor alone is sufficient.