A. Error of facts: (a) the Defendant paid KRW 241,00 to the victim’s side at the drinking value, such as the receipt that the victim prepared (the 197 pages of the investigation record, hereinafter “the instant receipt”); and (b) made the remainder of KRW 50,000 short of the 50,000 to transfer it to the account thereafter; (c) thus, the Defendant did not deceiving the victim as indicated in the facts charged, and did not have any intent to commit fraud.

In addition, since the defendant did not state "pre-payment" at the bottom of the left-hand side of the receipt of this case, he did not alter the private document, and accordingly, he did not have any intent to use the altered private document.

Although all of the facts charged in this case should be pronounced not guilty, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The court below's decision on unfair sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on mistake of facts

A. According to the evidence duly adopted and examined by the court below regarding habitual fraud, the court below found that ① victim C has been 291,000 won at the total ex officio value (the 18th page of the Investigation Record). The defendant stated the account number on the back and testified to the effect that the defendant prepared and ordered the receipt of this case equivalent to KRW 241,00,000, excluding the singing cost of KRW 50,000,000, which the defendant agreed to pay in cash on the face of the receipt of this case. ② The back of the receipt of this case (Investigation Record No. 199 of the Investigation Record) of this case stated the "29,000," together with the account of the victim. ③ The actual details of the receipt of this case and the "detailed receipt of KRW 291,00,000,000," except for singing expenses, and the defendant received the receipt of this case from the victim under the circumstances that the defendant had received the receipt of this case.