A. Error 1) Defendant A received each of the costs of KRW 20 million from the victim on October 14, 201 and KRW 30 million on October 24, 2011 from the victim, and all of them were delivered to Defendant B, and there is not any acquisition of property or pecuniary gains by deceiving the victim. Defendant B received the delivery of KRW 20 million from the victim through Defendant A on October 17, 201. However, Defendant A did not know about the fact that Defendant A received KRW 30 million from the victim on October 24, 201.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment of eight months and imprisonment of seven months) is too unreasonable.

Judgment on the defendants' assertion of mistake of facts

A. The following circumstances acknowledged by the lower court’s judgment as to Defendant A’s assertion and the first instance court’s duly admitted evidence, namely, (i) the Defendants agreed to establish and operate a company specializing in foreign exchange margin transactions with F, and (ii) on October 17, 2010, pursuant to such agreement, the said third party jointly invested with E (hereinafter “E”) and agreed to jointly make a settlement of profits five months after the establishment of E, and (iii) Defendant B and F made a written agreement on the same business; (iv) at the time of establishment of the above E, at the court of the lower court, the representative of the company at the time of establishment of the above E, stated that Defendant A will be in charge of F, the business of attracting investment, and the business of foreign exchange margin using the invested money, and (iii) Defendant A used the physical card, the corporate card, under the name of the Plaintiff’s official title; and (iv) the victim loaned money to Defendant A and the victim made a statement from Defendant A and the victim at the time of the investigation.