A. At the time of borrowing KRW 20 million from the injured party, the Defendant was able to fully repay the borrowed money due to a restaurant operated near the entrance of the shipbuilding yard, which was operated at the entrance of the shipbuilding yard.

The decision of the court below that found the defendant guilty of the facts charged, although the sales of the restaurant operated by the defendant was reduced since the commencement of the shipbuilding business, and the money borrowed from the closure of the business was not repaid, and there was no intention to acquire it by fraud, the decision of the court below that found the defendant guilty of the facts.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant, at the time of borrowing KRW 20 million from the injured party, appears to have been seized due to the failure to pay the local tax since 2008 and the automobile tax from June 2010.

The 35th page of the evidence of the fact that the financial standing seems to have been good, and the restaurant for the operation of the defendant was located on the front side of E Co., Ltd., but the above company started to be jointly managed by creditors by entering into an autonomous agreement with creditors on March 2010, which led to a significant reduction of human resources, and thus, it appears that the sales had already been reduced before June 2010 that the defendant borrowed money, and 55th page of the evidence record of the fact that the defendant had been punished as a violation of the Labor Standards Act due to failure to pay wages to employees from the end of June 2010, 32 pages of the evidence record of the fact that the defendant had been punished as a violation of the Labor Standards Act; 4. It appears that there was no old repayment plan for the obligation borne by himself due to delayed repayment after receiving a loan in excess of 18 million won from the new card immediately after the loan.