The defendant did not deceiving the victim D and did not have any intention to deception.

The defendant borrowed money from the victim to use as the fund for the operation of the bond business, notified the victim of the purpose of the lending; and failed to pay the money to the victim on the wind that the money borrowed from the bonds is not recovered.

(De Facto Error). The sentencing of the lower court (two years of imprisonment) is too unreasonable.

(F) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, this part of the defendant's assertion is without merit.

① The victim, from the investigative agency to the court of the court below, has consistently stated that “The Defendant shall pay back without any molding money by borrowing money under various names, such as the amount agreed on car traffic accidents, the Defendant’s business funds and remodelling construction cost, and the Defendant’s loans to the Defendant’s will, as stated in the attached list of crimes in the judgment below.”

In the court of the court below, the victim stated that "I have no reason to accept a person who operates a bond business. The defendant was engaged in a construction business, a man-made business, etc., and was engaged in various projects, such as Qa Hospital parking lot construction (No. 53-54 of the trial record). I stated that "I did not think I would like to conduct a bond business because I would like to have been able to do so in good business (the trial record No. 70 of the trial record)."

2. The defendant introduced the defendant to the prosecutor's office that "the victim did not speak of the fact that he was married to his mother, and that he was a business operator."

At the time, there was a fact that the victim was operating the "R" acting as an agent, but did not say that the building is being implemented.