A. In fact, the Defendant, who borrowed KRW 35 million from the victim C as one lane, paid the Corporation as a deposit to the F Co., Ltd. F (hereinafter “F”), which subcontracted the interior construction to the Defendant. However, F was unable to repay the borrowed amount to the victim on the wind.

In addition, since the defendant was capable of performing construction work, the defendant was capable of paying the construction cost and the defendant was also paid the construction cost from F.

Nevertheless, the Defendant committed deception to the victim as stated in the facts charged.

The judgment of the court below is erroneous in finding facts.

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

2. Determination

A. The Defendant’s assertion that there was a mistake in fact was identical to the grounds for appeal in the lower court, but the lower court rejected the Defendant’s assertion in detail, stating the grounds for the determination on the Defendant’s assertion in detail.

In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated in the original judgment and the trial court in addition to the circumstances stated in the original judgment, it is recognized that the defendant deceivings the victim as stated in the facts constituting the crime in the original judgment and acquired the money.

Therefore, the judgment of the court below is just and there is no error in the misapprehension of facts alleged by the defendant.

(1) On April 24, 2008, the Defendant paid 35 million won to F as security deposit the Corporation borrowed from the injured party on April 24, 2008.

Appellanting that the deposit previously submitted was submitted to the court for the first time on April 24, 2008 “Agreement on the Registration of Self-Cooperatives (Evidence No. 11; hereinafter “the original document”) indicating the deposit amount as KRW 15 million, other than the “written agreement on April 24, 2008,” the deposit amount of KRW 20 million was submitted to the court for the first time.

F.F. on the same day.