A. Defendant 1) The Defendant and the victim of mistake of facts were in friendly relationship with each other as an ancient ward, and the victim was fully aware of the Defendant’s family style and business difficulties, and in particular, given that the victim was sufficiently informed of the progress of the business or its risks, the victim invested in accordance with his own investment decision despite being aware of the fact that there is a high risk of danger. As such, the Defendant did not have a criminal intent to defraudation, and the victim did not have a criminal intent to commit fraud, and the victim did not have provided property by deception. 2) The sentencing of the lower court of unfair sentencing (eight months)

B. The lower court’s sentencing of the prosecutor (e.g., e., e., e., e., t

2. Determination on the grounds for appeal

A. In a case where the relevant legal doctrine regarding the Defendant’s assertion of mistake of facts denies the criminal intent of defraudation, the facts constituting the subjective element of such crime are bound to be proven by the method of proving indirect or circumstantial facts that have considerable relevance to the criminal intent due to the nature of things given the nature of things. In this case, what constitutes an indirect or circumstantial facts that have considerable relevance to the criminal intent should be determined by the method of reasonably determining the link of facts by means of close observation or analysis based on normal empirical rule.

On the other hand, the willful negligence as a subjective element of the constituent element of a crime must be aware of the possibility of occurrence of the crime, and furthermore, to allow the risk of occurrence of the crime. Whether the actor has accepted the possibility of occurrence of the crime or not shall be determined from the standpoint of the actor, taking into account how the possibility of occurrence of the crime is assessed if the general public is based on specific circumstances, such as the form of the act, the situation of the act, etc. presented outside, instead of depending on the statement of the actor.