A. In fact, the victim was involved in the process of selling the land I owned by the internal director of the corporation I (hereinafter "I") to F (hereinafter "F"), and was fully aware of the progress of the F's housing construction project, such as the degree of progress and profitability, and the defendant, the vice president of F, as a result of the failure of the above housing construction project, can obtain a considerable amount of profit. Thus, the victim leased KRW 20 million to the defendant. Thus, the defendant did not have any criminal intent to obtain the above money from the victim at the time of borrowing the money.

B. The punishment sentenced by the lower court (two years of suspended sentence for six months of imprisonment, one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, it can be sufficiently recognized that the Defendant had a criminal intent to acquire the above money from the injured party at the time of lending the money, and the Defendant’s assertion of mistake of facts is without merit.

1) The victim consistently stated from the investigative agency to the court of the court below that the above amount would be personally lent to the defendant regardless of F, and according to the account transaction details, etc., the Defendant appears to have used the most of the above amount borrowed from the victim to pay the unpaid construction cost or pay the individual debt.

2) At the time of borrowing the above money, the Defendant was operating C, and was working as the vice president of F.

However, Co., Ltd. was deemed to have been placed in mountain on December 5, 201, because it had no record of performance, and it was the state of being hostile at the time of lending, which was closed on December 5, 2014.

The Defendant did not conclude a fixed labor contract with F and F, and did not receive monthly pay in addition to the external position that is the vice president of F.