A. The defendant does not deceiving the victim C of mistake.

The Defendant did not lend money received from the victim G in the name of the rebates for the supply of medicine, nor did the Defendant enticed the victim G.

Nevertheless, the lower court found the Defendant guilty on the ground that it erred and convicted the Defendant.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts: (i) the Defendant borrowed money from another person in the absence of the hospital acquisition fund, and paid a deposit for the hospital operation expenses and the payment of the existing loan even after the hospital was opened, and (ii) the Defendant, at the time of borrowing money from the victims, borrowed money from the victims C to use it as a repayment for the hospital operation expenses and the existing loan; and (iii) the Defendant, at the time of borrowing money from the victims, agreed to pay money to the victims C with KRW 50 million; and (iv) he received money from the victims G to receive KRW 400 million; (iv) the Defendant, at the time of receiving money from the I, was willing to receive money from the victims; (v) the Defendant, other than I, did not have been able to receive investment from the I; and (v) the Defendant claimed to have borrowed money from the victims as a loan to the hospital operation fund or its ancillary facilities; and (v) the Defendant made a statement to the J.