A. Although there was a fact that the Defendant, by mistake of fact, received the instant money from the victims, he did not have any explanation as to the user at the time of borrowing the money from the victims C as stated in the facts constituting the crime in the judgment below. Since he had no intent to fully repay the borrowed money at the time of the instant case, he did not have the intent to acquire it by deception.

B. The punishment of the lower court (the first crime as indicated in the lower judgment: imprisonment with prison labor for one year, the second crime as indicated in the lower judgment: imprisonment with prison labor for six months, and one year of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant could be recognized the fact that the defendant deceivings the victims even though he/she did not have an intent or ability to repay the victims' money.

Therefore, we affirm and accept the judgment of the court below with the same conclusion, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, we cannot accept this part of the defendant's assertion.

① The victim C consistently made a statement from an investigative agency to the court of the court below that corresponds to this part of the facts charged.

The contents of the victim’s statement are not found naturally and specifically from a specific point of view, and thus, credibility exists in the statement.

The decision is judged.

From the end of 2008, the Defendant had a good forest in Yongcheon from among the goods at the Daegu District Court's branch law and racing support auction.

A successful bid at the level of KRW 500 per square year was awarded, which would be sold at least KRW 3,00 per square year, and even if not, it would be admitted to KRW 2,500 in the Korea Forest Service.

(C) the above money.