A. In order to implement the project for the construction of the main apartment in E-Sacheon-si, a mistake of facts in the facts charged, the Defendant merely borrowed money from E and did not have the intent to acquire money.

B. The sentence of unfair sentencing (four years of suspended sentence in two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, E statements made by the investigative agency to the effect that the defendant lent each money as stated in the facts charged in this case. It is relatively specific and consistent, and it is difficult to view the above E's statement as a particularly false or distorted statement, the circumstance that the defendant tried to carry out construction of a YM apartment with a PF loan from the financial right, but the PF loan was not confirmed at the time, considering the defendant's financial status at the time, the defendant's self-sufficiency does not have the ability to repay the money borrowed from E. In light of the defendant's financial status at the time, the construction of the Y apartment was not permitted at the time of construction of the YM apartment, as described in the facts charged in this case, and it was deemed that the construction of the YM apartment was not carried out for a considerable period of time, and therefore, it is sufficient to recognize the defendant as guilty of the above facts charged, including the above fraud by the defendant.

B. We examine the judgment on the assertion of unfair sentencing, and the defendant agreed with the victim E at the court below, and made his mistake.