A. Defendant 1) With regard to the mistake of facts and misapprehension of legal principles regarding the fraud against F, the Defendant did not deceiving F, even if there was no deception, there is no causation between deception and the mistake caused thereby. In relation to the fraud against B, each of the money is not borrowed, but used as living expenses with B while living together with B. In relation to the fraud against C, the Defendant did not deceiving C with respect to the ability to repay and repaid the money in cash. Nevertheless, the lower court erred by misapprehending the legal principles and misapprehending the legal principles by recognizing the Defendant guilty of each of the above charges against the Defendant. 2) The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

B. According to the evidence submitted by the prosecutor of mistake of facts, the defendant is limited to the part exceeding KRW 750,000 out of KRW 3,00,000,000 among the attached list of crimes (1) in the judgment of the court below, according to the evidence submitted by the prosecutor of mistake of facts

2) The lower court erred by misapprehending the legal principles on the charges of this case by misapprehending the legal principles on the presumption of facts, by misapprehending the legal principles on the presumption of facts, and by misapprehending the legal principles on the presumption of facts. 2) The lower court’s sentence on the presumption of facts is too unjustifiable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s assertion of mistake of facts and misapprehension of legal doctrine, the lower court found the Defendant guilty of each of the instant charges (excluding the part not guilty of the grounds for appeal) by comprehensively taking account of the evidence duly adopted and examined.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of this part of the facts charged is just and sufficiently acceptable, and there is no error of law by mistake of facts or misunderstanding of legal principles affecting the judgment.

Accordingly, the defendant's status.