A. The Defendant did not operate the J (hereinafter “J”) and did not proceed with the yacht business. However, the Defendant borrowed money from the above victim and borrowed cash cards from the Defendant, thereby lending cash cards to the Defendant with the account number and password, and the said victim deposited KRW 10 million into the account in the Defendant’s name. As such, the Defendant did not defraud the said victim by deceptioning KRW 10 million.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed in the judgment of the court below on the assertion of mistake of facts: (a) the defendant himself stated in the prosecutor's office that "the defendant was operating X-Y yacht business, and was in need of funds for yacht business; (b) since he was well aware of the above victim and was in a relationship with the above victim; (c) he stated that he would have borrowed money from the above victim; (d) the defendant, who operated X jointly with X, stated that he would seek 10 million won in connection with the yacht business; (c) the above victim would have received the statement that he would lend money from V; (d) the defendant would have received the statement that "the defendant would have been responsible for 3 days after the payment; and (e) the defendant would have remitted money to the defendant's account; (e) the defendant did not receive money from the prosecutor's office without any specific asset at the time of receiving the yacht; and (e) the defendant did not receive money from the prosecutor's office; and (e) the defendant did not receive money from the yacht.