A. In the instant crime, the Defendant of mistake of facts did not receive cash of KRW 200,000,000,000 and KRW 4,100,000,000,000, which were 2,000,000,000,000 won, which was 2,000,000,000,000,000,000,000,000 won, which was 2,000,000,0000,000,000,000

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

2. Determination

A. In full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, the defendant could be recognized as deceiving the victim and deceiving the victim, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below.

The defendant's assertion of mistake is without merit.

(1) A victim has made specific statements concerning the money and method of lending to the defendant, including each of the above money, and the statement made by the victim shall be consistent with the details of transactions in the JUnion account in the name of the victim.

On the other hand, the defendant stated in the investigation that "the amount may be easily known, but the fact of borrowing is recognized" with respect to the money borrowed from the victim.

② With respect to KRW 200,000,000,000, which is 2,000,000 won, the victim leased KRW 2,00,00 to the Defendant on February 19, 2014, and out of which KRW 1,80,00,00 was paid in cash to the Defendant’s account.

The defendant stated that he has stated that he has received the same amount of 200,000 won in cash.

(3) With respect to cash 4.1 million won, the victim shall, at the request of the defendant, obtain a loan from the defendant and obtain a loan from the defendant.