A. In fact, as stated in the facts charged in the instant case, the Defendant borrowed KRW 20 million from the injured party as stated in the instant facts charged, but the Defendant did not deceiving the injured party, and the Defendant did not lend KRW 20 million due to the Defendant’s deception to lend KRW 10 million to the injured party by borrowing KRW 10 million under the pretext of a mutual agreement. ② Around March 2015, the Defendant and the injured party engaged in the same business with the Defendant at the time, and borrowed KRW 10 million under the pretext of D’s preparatory expenses for opening the business and living expenses, which had been preparing for opening the business. At the time, the Defendant and the injured party borrowed money irrespective of the victim’s ability to repay.

B. The sentence of the lower court (an amount of KRW 4,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts (1) on March 17, 2015 and on January 24, 2015, the Defendant’s loan of KRW 10 million, which was remitted on January 4, 2015, in terms of agreement as stated in the facts charged. However, the Defendant’s claim that KRW 10 million, which was remitted on March 17, 2015 and March 24, 2015, was not lent under the pretext of additional agreement as to whether the loan was made under the pretext of preparation for D’s opening of business and the cost of living for the mother and child. Therefore, this is first examined.

According to the evidence duly adopted and duly examined by the lower court: (a) the victim extended a total of KRW 10 million to the Defendant on March 17, 2015 and April 24, 2015; (b) the victim separately granted KRW 42 million from March 27, 2015 to April 1, 2015; and (c) the Defendant and the victim prepared the certificate of the fairness of the loan agreement prior to the consumption on July 31, 2015, stating only KRW 25 million, excluding KRW 42,50,000,000,000,000,000,000,000 won, excluding KRW 25,500,000,000,000 to the Defendant; and (c) the loan amount of KRW 25,50,000,000,00 to the domestic corporation on March 17, 2015.