Defendants shall be punished by imprisonment for one year and four months.

except that from the date this judgment becomes final and conclusive.

A. The Defendants misunderstanding the facts are expected to place H in the Chinese factory of G Co., Ltd. (hereinafter “instant company”) for employment.

There was no intention or ability to pay the money at the time of borrowing the money from H.

Nevertheless, the lower court found the Defendant guilty of the facts charged.

B. The lower court’s punishment against the illegal Defendants (one year and four months of each imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, the victim H consistently from the investigative agency to the lower court’s court’s trial. The Defendants did not sell taxes due to the failure to sell the company of this case.

Even if the instant company is sold, the separate corporation-owned factory located in China does not sell the instant company, and if it is sold, it is employed as the person in charge of the foregoing Chinese factory and paid 300,000 won per month, and the Defendants lent 220,000,000 won to the Defendants on the ground that the sales of the instant company would immediately repay the borrowed money.

(2) The J also introduces the victims to the Defendants, and the J also recommends the Defendants to find the victims in the investigative agency and the court of the court below.

The company of this case decided to pay the money borrowed from the injured party as sold.

(3) The court of the first instance reversed part of the statements made by the investigative agency and the court of the original instance at the court of the trial. However, this is a statement to the effect that it is related to one's own decision or conjection or is not well memory of the situation at the time, and in the court of the first instance, “I am able to see the victim first, I am able to see this security, and I am am able to obtain income from this company.”