A. The Defendant of mistake of facts, without paying the bill of this case even after having received the bill of this case, listened to the words “to report the loss of the bill” and reported the loss of the bill as a result of consultation with the civil petition office of the police station.

The judgment of the court below is erroneous in the misapprehension of legal principles, since it cannot be viewed that the defendant had the intention of defraudation.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. In light of the following circumstances revealed by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant reported the loss of the bill of this case to the police officer from the beginning to the beginning of the Jeju Dong Police Station civil petition (Evidence No. 207 pages), and the defendant knew on March 31, 2009 that the victim, other than G, presented the bill of this case to the bank before receiving the judgment of nullification, and received the bill of this case without notifying the court of the fact that the victim, other than G, was informed of the fact that he received contact from the bank and received the judgment of nullification and received the bill of this case for the purpose of acquiring the amount equivalent to the face value of the bill of this case, the court below can find the fact that the defendant falsely reported the loss of the bill of this case and received the judgment of nullification.

Therefore, the judgment of the court below convicting the facts charged of this case is justifiable.

B. Although there is a favorable condition for the defendant, such as the victim’s failure to want the punishment of the defendant, the victim was sentenced to a suspended sentence of two years on November 7, 201, inasmuch as the amount of damage caused by the crime of this case was a large amount of money equivalent to 165 million won, the criminal records of the same kind of crime have been punished, and the defendant’s age, character and conduct, family environment, background of the crime of this case, circumstances before and after the crime of this case, and existing crimes.