A. Fraud of mistake: The Defendant did not deception L because he had the intent and ability to pay the check money and the check at the time of receiving the check from L or discounted the check.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the Defendant, at the time when the Defendant received the original set of money from L from the prosecution or discounted the check, provided that the Defendant was in excess of the Defendant’s obligation with approximately KRW 2.5 billion, but the Defendant paid the check money or the check money in the form of prompt return after discount from L by another person; ② At the time, the Defendant paid the check money or the check money in the form of prompt return, etc., the Defendant can sufficiently recognize the fact of deceiving L as if he would pay the original set of money or the check money, even if he did not have the intent and ability to pay it,

B. As to the assertion on unfair sentencing, this case is a case where the defendant neglected to pay a total of KRW 150 million per unit value of Chapter IV of the per unit, and acquired a total of KRW 2460 million against the victim L by taking over a total of KRW 246 million and check discount. On December 17, 2013, the defendant recovered a check 1 (amount of KRW 30 million) on December 17, 2013, but the defendant did not yet agree with the amount of default and defraudation, L, and the defendant argued that most of the damage amount of the victim L were repaid to the victim. However, the defendant stated at the prosecution that there is no evidence to acknowledge additional repayment, such as the defendant's age, character and conduct, motive and circumstance of the crime in this case, circumstances after the crime in this case, and sentencing guidelines.