The defendant shall be innocent.

A. Defendant (1) cannot be deemed as a deception, and the Defendant had the intent to repay and the ability to repay, at the time of issuing a promissory note in accordance with an agreement entered into with the Victim D Co., Ltd. on January 22, 2013, and there was no relation between the deception and the disposal act.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment

(2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the instant facts charged is the representative of C Co., Ltd., a construction company.

C Around September 21, 2009, the Co., Ltd. purchased apartment (five households, five households, one commercial building, and one development project right in G apartment (five households, five households), three billion won, and completed the above apartment on November 30, 2012, from the victim Co., Ltd. D (representative E). < Amended by Presidential Decree No. 2429, Nov. 30, 2012>

In relation to the payment of the purchase price of KRW 3 billion, the Defendant had the creditors of the victim company paid the debt to the creditors of the company in accordance with the agreement to accept the debt owed to the creditors of the victim company under the contract, and when the payment was made more than the originally anticipated amount due to the interest accrued from the delay in payment in the process, the Defendant did not pay any balance that was to be directly paid to the creditor company of the victim company under the contract. As a result, the dispute arising therefrom, and the victim company filed an application with the Daejeon District Court for a disposition of disposal of the above apartment on the ground that it was paid only a part of the purchase price around December 13, 2012, and the disposal price for the above apartment was registered as of January 4, 2013.