A. The judgment of the court below that found the Defendant guilty of the facts charged of this case on the ground that there was no awareness of the falsity of the facts charged of this case by mistake of facts, and there was no intention of the accusation.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts: (i) around February 5, 2009; (ii) around February 5, 2009, F supplied F with general sand 40,000 cubic meters per 1,500 cubic meters; (iii) the aforesaid money deposited by F with the Defendant was supplied to F with general sand 40,000 cubic meters per 1,000 cubic meters; (iv) when F was unable to pay the above money pursuant to the above Convention; (v) the Defendant was issued with the Insurance Policy under the name of Seoul Guarantee Insurance Co., Ltd. to the effect that the Defendant was not 38,100,000 won for the fixed-day bank deposit under the name of F; and (v) the Defendant was not able to pay the money under the above Convention from the Seoul Guarantee Insurance Co., Ltd. to the fact that the Defendant was not able to pay the money in its name.