A. Since misunderstanding of facts E voluntarily withdraws money from the Defendant’s account by means of putting the Defendant’s passbook and seal impression in custody, it is difficult to see that the Defendant filed the said complaint by fraud, and some of the details of the complaint are different from the facts.

Even if this is the exaggeration of the circumstances.

Nevertheless, the court below erred by misapprehending the facts charged in the judgment of conviction.

B. Even if the Defendant was guilty of an unreasonable sentencing sentence, the sentence of one year of imprisonment imposed by the lower court and the sentence of two years of suspended sentence is too unreasonable.

2. Determination

A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts.

(1) The defendant on June 21, 2012 and the same year

7. The main purpose of the written complaint submitted in November 1, 200 is that E, approaching the Defendant, deceiving the Defendant that “the Defendant believe that it would be difficult to manage money in business and would not manage money in good faith by receiving high interest, etc.” The Defendant was responsible for managing money in his/her deposit account, but it appears that E voluntarily withdrawn and used money without the Defendant’s permission, as it appears to be confirmed after he/she requested the return of money on April 2012.

② However, in the process of prosecutorial investigation, the Defendant is not in charge of managing the deposit account at a high rate of interest, but is in charge of managing the passbook, etc. to the effect that the Defendant’s non-funds deposit money is deposited to E by the Defendant’s instructions while keeping the passbook for the Defendant’s non-funds. As the Defendant is, he will be in charge of managing the passbook in order to make E a bank name.