A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (as to the dismissed part), the Defendant acquired 72 million won through a total of eight times from April 15, 2006 to June 16, 2008 through a single and continuous criminal intent, and thus constitutes an inclusive crime, the lower court deemed that each part of the above crimes constitutes a substantive concurrent crime, and determined that the statute of limitations for the crime from April 15, 2006 to August 18, 2006 (No. 1 to 6 parts of the crime list in the original judgment) was expired. 2) The lower court’s imprisonment (6 months, 2 years of suspended execution, and 80 hours of community service order) of unfair sentencing (the imprisonment, 80 hours of imprisonment, 2 years of probation, and 80 hours of community service order in the original judgment) was too uneased and unreasonable.

B. Defendant: The Defendant was able and able to repay the borrowed money and the price of goods at the time of borrowing money from the victim on December 1, 2007 and June 16, 2008.

2. Determination

A. Examining the lower court’s determination of the misconception of facts and misapprehension of legal principles by the prosecutor and the defendant’s assertion of mistake of facts and misapprehension of legal principles, in light of the records, the lower court’s determination that it is difficult to view that there was a close link between the fraud committed before August 18, 2006 and the fraud committed on or before December 16, 2007 and the crime committed on or after June 16, 2008, and that it is difficult to view that the above crime was committed continuously under the defendant’s single and continuous criminal intent. Therefore, the Prosecutor’s assertion of mistake of facts and misapprehension of legal principles is not acceptable. 2) Examining the lower court’s determination of the lower court on the Defendant’s assertion of mistake of facts and misapprehension of legal principles in light of the records, the lower court cannot obtain a loan from the financial institution in order to use the proceeds of goods purchase at around 2006 after transferring the phrase, and thus, borrowed a large amount of money from the individual.