A. The Defendant, at the time of committing the instant crime, was expected to receive an investment of KRW 200 million from K, etc., and was expected to pay the said money to the victim by means of financing, so there was no intention to acquire the Defendant.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, and the following circumstances acknowledged by each statement in K and D, which are: (i) K and L have invested KRW 100 million in G stores owned by the Defendant orally at the spring of 2010, but L has invested only KRW 30,000,000, and no longer invested funds, disputes arose between the Defendant from the end of June 2010. Ultimately, the said business was reversed in the middle or after the end of July 2010; (ii) the Defendant could not obtain 50,000 won from the victim at the time of borrowing KRW 50,000 from K and D; and (iii) the Defendant appears to have borrowed money from the victim at the time of 205,000,000,000 won from the victim to July 4, 2010; and (iv) the Defendant would not have been able to obtain 70,000,000 won from the victim.