A. The judgment of the court below which judged otherwise is erroneous in the misapprehension of legal principles as to the defendants' ability to repay the money from the victim when they borrowed the money.

The sentence of the lower court against the Defendants (the defendant A: six months of imprisonment and two years of suspended execution, the community service order80 hours of the community service order, the defendant B: 10 months of imprisonment and two years of suspended execution, and the community service order 120 hours of the community service order) is too unreasonable.

B. As to each fraud on which the court below acquitted Defendant B, the court below held that the above Defendant did not have the intention of deception, even though he could sufficiently recognize the ability or intent to repay each money from the victim at the time of borrowing the money from the victim, and there was an error of law by mistake of facts.

The sentence of the lower court against the Defendants is too uneased and unreasonable.

2. Determination

A. (1) The Defendants alleged the same purport in the lower court’s determination as to the assertion of mistake of facts. However, the lower court found the Defendants guilty of this part of the charges by comprehensively taking account of the evidence duly adopted and investigated, and rejected the Defendants’ assertion on the grounds of detailed reasons for the determination of the Defendants’ assertion.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of this part of the facts charged is just and acceptable (it does not change the above conclusion even if the defendant reviewed all the statements in the evidence Nos. 19 through 27 submitted in the trial). It is not erroneous in the misapprehension of the legal principles as to the facts, which affected the conclusion of the judgment. Thus, all of the defendants' assertion of mistake of facts are without merit.

(2) The prosecutor's allegation of mistake regarding the acquitted portion.