The part, excluding the rejection part of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for six months.

A. As to the mistake of mistake, the Defendant did not borrow money from the victims with no intent to repay or with no financial resources.

P, a seller of the instant real estate, arbitrarily used the loans deposited to a medical corporation I without using them as construction cost, and W, which agreed to invest KRW 500 million in I, only did not repay money in the Defendant’s financing plan with the wind of withdrawing the intent of investment.

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

2. Determination

A. In full view of the following circumstances revealed in accordance with the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, each of the facts charged in this case is sufficiently convicted and the Defendant’s assertion of mistake of facts is without merit.

The Defendant, without any particular property or income, was liable for an individual debt of approximately KRW 200 million. After purchasing the instant real estate used G from P to KRW 1.8 billion, the Defendant established the Medical Foundation and remodeled G into a convalescent hospital and borrowed money from the victims from June 2013 to July 2016.

The Defendant, when establishing a medical foundation, was able to obtain a loan of 1 billion won from a financial institution, and was able to obtain an investment in an amount of 500 million won from the beneficiary. On June 18, 2013, the Defendant concluded a real estate sales contract with P, the actual owner of the instant real estate, with the purchase price of 1.8 billion won, and commenced remodeling the building. However, the Defendant asserted that P, in addition to the first down payment of 50 million won, some of the purchase price was not paid, and the Defendant paid 200 million won or more from the purchase price, but the right to the real estate and the medical foundation was not paid with the full payment of the purchase price.