A. The court below found the defendant not guilty, in full view of the following facts: (a) the victim of mistake of facts (with respect to partial innocence) lent money to the court below that the defendant used it for the scrap metal business; (b) G, H, and I stated that the defendant was guilty of the portion not actually used for the scrap metal business; (c) G, H, and I did not submit any data to confirm the place of use of the money received from D even though the defendant asserted that the defendant had operated the scrap metal business; (d) although the defendant specified himself as the party who supplied the scrap metal, the defendant did not have transacted with the defendant; (c) the defendant cannot be deemed to have used the money received from D for the scrap metal business; (d) the defendant paid a part of the amount to D; (d) although the defendant made a repayment to D, it was merely a payment to the effect that the defendant would make a fraudulent gambling against D; and (e) according to F's statement, even if the defendant did not actually move to the execution, the court below found the defendant guilty of facts.

B. The sentence imposed by the court below on the defendant is too uneasible and unfair.

B. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. (i) The prosecutor’s assertion of mistake of facts in this part of the facts charged that the Defendant made a false statement to the victim D that “I want to carry on a physical business, and if I want to lend KRW 10 million to 30 million, I will give 100 to 10 million to 30 million to 10 to 20 million interest for each month.”

However, the facts are the defendant's bad credit holder.