A. The judgment of the court below that found the Defendant guilty of the facts charged on the ground that the Defendant had the intent and ability to settle the bills at the time of discount from the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. According to the evidence duly adopted and examined by the court below, ① Jmatet operated by the defendant from January 2005 to around 20 million won per month. ② The defendant's debt amount was around 2.3 billion won at the time when the victim requested the bill discount, and ② around October 24, 2005, when the victim requested the bill discount, the defendant used bonds because he could no longer obtain a loan from bank bills, ③ the defendant requested the bill discount on the condition that the bill was paid 5% per month to the victim, ④ the defendant paid the bill discount from the victim and paid the bill again three months after the bill discount. In full view of these circumstances, the defendant could have been predicted that the bill was wrongfully obtained from the victim despite the fact that the bill was not defaulted.

I would like to say.

Therefore, the judgment of the court below that found the defendant guilty on the same purport is just, and this part of the defendant's assertion is without merit.

B. It is recognized that the Defendant was the first offender, and the degree of deception was relatively weak.

However, the fraud amount of the defendant is KRW 87 million and the damage is not completely recovered, and the records and arguments of this case are recorded.