A. The Defendant, around October 28, 201, borrowed the sum of KRW 24,30,000 from the victim as the cost of operating a private sports soil site, not the cost of attorney-at-law. At the time, the Defendant’s mother had the intent and ability to establish a security for the said borrowed money on a house owned by the Defendant, and thus, there was no intention of defraudation.

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

2. Determination

A. The lower court and the evidence duly admitted and investigated by this court on the assertion of mistake of facts consistent with the following circumstances: (i) the victim requested from the investigative agency to see that “I am well aware of the fact that I would have to appoint an attorney-at-law”; (ii) on October 28, 2011, I lent KRW 50,000 to the Defendant that I would like to set up a right to collateral on the Defendant’s house at around November 2, 2011; (iii) the Defendant’s mother would not set up a right to collateral security at the time of the establishment of the right to collateral security; and (iv) the Defendant believed at the investigative agency that “I would have set up a right to collateral security at the time of the borrowing of documents, such as his mother’s personal seal impression, and that I would like to believe that there was no need to observe the Defendant’s promise to set up a right to collateral security at the time of the borrowing of the Defendant’s digital signature.”