All appeals by prosecutors are dismissed.

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The prosecutor (1) found the Defendant not guilty of this part of the facts charged even if the Defendant was fully aware of the fact that the Defendant acquired money from the victim without the victim’s intent or ability to repay the money even during the period from July 20, 2010 to December 21, 2010, when the Defendant first borrowed money from the victim to the point of view that the financial standing of the Defendant has deteriorated since July 20, 2010.

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

Judgment

A. (1) The judgment on the assertion of mistake of facts in the instant facts charged is that the Defendant, even though there is no intention or ability to repay, around July 20, 2010, he received 8 million won from the victim as the borrowed money from the victim, and that he received 138,334,216 won from the victim to December 21, 2010.

(2) As to the facts charged in the instant case, the lower court acquitted the Defendant of this part of the facts charged on the ground that, in full view of the facts indicated in the judgment of innocence, the evidence alone submitted by the prosecutor cannot be deemed as having become concrete because the circumstance where the Defendant’s factory operation situation was difficult prior to September 201 because it was difficult to deem that the Defendant’s factory operation situation was de factoized.

Examining the judgment of the court below closely by comparing it with the evidential materials, the judgment of the court below is just and there is no error of mistake of facts.

B. The Defendant’s confession and reply against the allegation of unfair sentencing was made in the first instance, and the instant case.