A. The reason why the Defendant alleged misunderstanding was to borrow money from the injured party was to raise the operating fund of the company.

It is only impossible to pay the money due to the failure to operate the factory due to a fire accident, etc. in the past, but it does not intentionally acquire the money of the victim from the beginning.

B. The Defendant’s wrongful assertion of sentencing is merely a failure to properly manage the subject matter of transfer-backed security without accurately recognizing the obligation under the transfer-backed security contract, not a maliciously reducing machine.

The defendant paid KRW 23.5 million to the victim as interest on the money borrowed by the victim. The court below deposited KRW 32 million for the victim, and paid KRW 12 million to R delegated by the victim.

In the first instance, 2 million won was deposited to the victim, and 5.5 million won was deposited to the credit information company that received delegation of debt collection from the victim.

Defendant is not guilty of having been punished by a fine due to a violation of the Guarantee of Retirement Benefits of Workers.

In full view of these circumstances, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant had the intention to acquire the victim by deceit with the payment of money, as stated in the judgment below, so the defendant's assertion of mistake of facts is without merit.

B. In light of the circumstances favorable to, or unfavorable to, the Defendant’s judgment on the unfair argument of sentencing, and other factors asserted by the Defendant on the grounds of appeal, including the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, and the reasons for sentencing of the lower judgment.