A. It is true that the defendant of mistake of facts received a total of nine million won from the victim to the account as stated in each of the facts charged in this case, and caused the victim to pay 2.5 million won to I as the name of the guard.

However, there was no intention to commit fraud against the accused.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (six months of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and investigated by the court below and the reasons for the judgment of the court below, the court below's finding guilty of the facts charged in this case on the grounds of its stated reasoning is just and acceptable, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel. Thus, the defendant and his defense counsel's assertion of mistake of facts is without merit.

B. As seen in the judgment on the assertion of unfair sentencing, even though the Defendant was sufficiently convicted of the Defendant’s charges in this case, the Defendant did not properly repent his mistake, the Defendant’s failure to recover damage to the victim and did not reach an agreement with the victim. The lower court determined the sentence by taking into account the circumstances already favorable to the Defendant, and the lower court did not have any special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and other various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character, character, environment, motive, means and consequence of the crime, and the circumstances after the crime.