A. misunderstanding of facts 1) The amount of KRW 30 million from October 16, 2014, 500,000,000,000 from Nos. 3-2, 3-2, 2014, was remitted to the victim by mistake, and the Defendant returned it to the victim on October 22, 2014. 2) The amount of KRW 5 million from March 11, 2015, 6-2, 5 million, which was paid to the victim’s children as a hand-on training fee, is not the victim’s defrauded.

3) On September 2, 2015, the amount of KRW 10 million from September 2, 2015, 2015, the Defendant did not have been paid. Furthermore, since the victim was aware of the Defendant’s financial capacity and the fact that the Defendant agreed to do so in Bangladesh, it is difficult to view that the victim paid the money by deception of the Defendant. (b) The sentence sentenced by the lower court of unfair sentencing (two years of imprisonment is too unreasonable).

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the lower court as to the assertion of mistake of facts, the fact that the Defendant received money from the victim or obtained the check and acquired it can be recognized.

1) Although there is a little difference in the victim’s statement in the detailed part, it appears to be a natural phenomenon due to the limit of memory in accordance with the progress of simple mistake or time in the process of preparing a complaint, and its consistency is maintained in the main part. 2) In the case of No. 3 of the crime sight table, the Defendant alleged that the victim returned 30 million won, which the victim remitted by mistake, to October 22, 2014. However, the Defendant asserted that he/she was at the trial, but at the time of the investigation by the prosecution, he/she stated to the effect that “the fact that there was a fact that he/she was only with the Defendant immediately before he/she remitted the above money.”