A. A person who has taken over and actually operated the main points of this case in mistake of facts is the co-living G of the defendant, not the defendant, and C lends the main points of this case to G.

Even if the Defendant borrowed money from C, the Defendant had the ability to repay the borrowed money at the time.

Nevertheless, the court below found the defendant guilty of the facts charged of this case based on the statements of G and C without credibility. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, (i) G and C are the defendant, and the actual operator of the main points of this case was the defendant, and the defendant borrowed money from C as the operating fund of the main points of this case; (ii) on August 31, 2007, the defendant prepared a loan certificate of KRW 61,920,000, which is the amount of the fraud of this case, to C; (iii) there is a delivery of money directly from C or transfer of money to the account under the name of the defendant; (iv) the business registration certificate of the main points of this case was stated by the defendant; (v) the defendant was involved in the business at the main points of this case; and (v) at the time the defendant did not have any property under the name of the defendant; and (v) the defendant did not pay the interest and the monthly amount to be paid for the borrowed money in the process of accepting the main points of this case; and (v) the defendant failed to pay the money to C points without proper operation.

This part of the defendant's assertion is justified.