A. Fact-finding is that the Defendant: (a) did not offer the ginseng recorded in the facts constituting the crime in the judgment of the court below (hereinafter “the ginseng of this case”) as security for the Defendant’s obligation of KRW 20 million with the loan certificate (hereinafter “the loan certificate of this case”) stated in the facts constituting the crime in the judgment of the court below; and (b) the Defendant agreed to make an investment of KRW 350 million with the Defendant in relation to the ginseng cultivation as security for the above investment amount; (c) the Defendant provided the ginseng of this case to the Defendant; and (d) even though the victim did not bear the obligation to offer the ginseng of this case as security to the Defendant in violation of the above investment agreement, the court below convicted the Defendant of the facts constituting the crime of this case, which affected the conclusion of the judgment by mistake of facts.

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

2. Determination

A. The following facts acknowledged by the lower court as to the assertion of mistake of facts: (i) the victim consistently made a statement that corresponds to the facts charged in the instant case; (ii) the Defendant prepared the instant loan certificate to the victim on August 12, 2014; (iii) the Defendant stated that the Defendant’s debt amount to the victim is KRW 220 million and the Defendant offered the instant ginseng to the victim as security for the said debt amount; and (iv) the Defendant also recognized the fact that the Defendant’s debt amount to be repaid to the victim is KRW 220 million at an investigative agency as of August 12, 2014 and stated that the Defendant prepared and stated the instant loan certificate to the victim (see, e.g., evidence Nos. 1, 40, 41, 201, and 350 million won in relation to ginseng cultivation).