A. In a case where the Defendant was guilty of the facts charged of this case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment, even though the Defendant was able to sell and repay the goods at any time at any time due to the assets equivalent to KRW 80 million, such as a sum of KRW 30 million and KRW 50 million on the secondhand goods operated by the Defendant.

B. The fine of 1.5 million won imposed by the lower court is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by this court as to the assertion of mistake of facts, the Defendant: (a) borrowed money from the victim from around 2008 to one week; and (b) paid money within one month at latest; (c) the Defendant was entrusted with the removal work; and (d) the removal work is terminated within ten (10) days; (b) the Defendant did not pay the money as terminated; (c) the Defendant did not pay the money after ten (10) days after the removal work; (d) the Defendant operated his father’s secondhand prize around May 201; (e) there was no other income than KRW 2 million; and (e) the Defendant did not purchase the money from the victim with bad credit standing; (e) the Defendant purchased the money from the victim at least KRW 50,000 per annum; and (e) the Defendant did not sell the money to the victim at the request of 200,000,000 won due to the lack of basic monetary expenses or around the victim’s loan.