A defendant shall be punished by imprisonment for one year.

A. Until January 5, 2011, the Defendant: (a) transferred the instant orchard in the name of the Defendant; and (b) made use of it to invest KRW 200 million in Q Q’s business when Q had a discount of the face value of KRW 500 million, which the Defendant possessed by Q. As Q was unable to discount the said orchard, the Defendant first recommended Q to borrow the instant orchard as security; (c) to borrow money from R to borrow money from the Defendant for the purpose of receiving investment money from Q; and (d) there was no perception of Q.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. We examine the assertion of mistake of facts. The circumstances acknowledged by the evidence duly adopted and examined by the court below and the following circumstances, i.e., the victim Q from the prosecutor's office to the court of the court below, consistent from November 3, 2010 to the court of the court below, the defendant at a discount of KRW 112 million in the face value of AD Co., Ltd. issued, and return KRW 56 million to AD Co., Ltd., and at a rate of KRW 56 million, the defendant used the above promissorysory note to settle the issue of default, and the defendant did not pay the above promissory note, and the defendant did not pay the above promissory note to B Co., Ltd. for the settlement of the issue of default, and the defendant delivered the above amount of KRW 500 million to B Co., Ltd., Ltd. with the above amount of KRW 100 million in total, but the above amount of KRW 500 million in total was not discounted.