The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

A. Although there was no intention of deceiving or deceiving the Defendant of the facts, the lower court convicted all of the charges of this case. In so doing, the lower court erred by misapprehending the legal doctrine on mistake of facts (the defense counsel’s written opinion, etc. submitted after the lapse of the period for filing an appeal). (B) The lower court’s decision is determined within the scope of supplement of the grounds for appeal specified in the reasons for appeal, and is not separately determined as to the assertion not stated in

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of fact 1) comprehensively based on the adopted evidence, as follows, the Defendant’s mushroom growing project was not easy to artificially grow, and its prospects were not revealed. In fact, the Defendant did not generate any profit from the five growing project; while the Defendant did not own property, the Defendant was bound to depend on all business funds, such as land purchase cost and construction cost for growing mushroom, or investment under the status of bearing a large amount of debt; the Defendant has no specific plan to prepare business funds by separately obtaining a loan from a financial institution, etc.; the Defendant would return the borrowed funds for a short period or pay a large amount of profit. Nevertheless, the Defendant would return the borrowed funds for a short period or pay a large amount of profit.

In light of the fact that the Defendant received approximately KRW 320 million loans or investments from the victims, etc., it was difficult for the Defendant to return the borrowed money or pay the proceeds as agreed upon by the victims at the time when the Defendant borrowed money from the victims or received investments, etc., and the Defendant was well aware of this.

Therefore, it is reasonable to view that the defendant can fully recognize the fact that he/she acquired money by deceiving victims.

The decision was determined.

2) the party’s deliberation.