A. The amount borrowed by the defendant of mistake of facts from the victim is not more than 190,000,000 won in total, and there was intent and ability to repay at the time of borrowing.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Corresponding to the mistake of facts, ① The cafeteria G-gu Seoul Metropolitan Government at which the Defendant’s wife operated was owned by H at the time of borrowing the instant money, as well as the time when the Defendant transferred the instant money to I around June 2007. ② The Seoul Dobong-gu Seoul Metropolitan Government J Housing at the time of borrowing the instant money was established with the maximum debt amount of KRW 234,000,000 as at the time of borrowing the instant money, and the right to collateral security of the National Bank at the time of borrowing the said money, and the Defendant’s deposit account number of KRW 504,640,00 as at the time of borrowing the money, was 00 or more at the time of borrowing the money, and the Defendant’s deposit account number was 00,000 or more at the time of borrowing the money, and the Defendant’s deposit account number was 00,000,000 won or more at the time of borrowing the money by the creditor K at the time of borrowing the money.