Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. In other words, the court below concluded that the defendant committed the crime of fraud of this case by borrowing the above KRW 11.2 million from D even though he did not have the intent or ability to make repayment as stated in the judgment, since it erred in the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. On July 30, 2010, the summary of the facts charged stated in the judgment of mistake of facts (1) the Defendant: (a) borrowed KRW 50 million from the victim E-experience operated by the victim D in Suwon-gu, Busan, to the victim; (b) first, even if the card theory was conducted at the end of the year, 5 million won should be loaned; (c) if the card theory was conducted at the end of the year, 60 million won should be loaned without interest; and (d) interest and principal on the card theory should be borne by the witness within one month. However, the Defendant did not have any particular property or income; (d) the money borrowed from the bank account amounting to KRW 300,000,000,000 won should be paid lawfully, and even if the Defendant borrowed money from the other, the Defendant did not have any intent or ability to pay the money directly from the victim to the company-oriented court account at KRW 1,500,000,000,000.