A. Although there was no fact that the Defendant conspiredd with F, etc. to commit the instant crime or shared the role therein, the lower court found the Defendant guilty of the instant facts charged, there was an error of mistake of facts.

B. Even if the allegation of unfair sentencing is accepted, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) At the time of the crime of this case, the Defendant: (a) “F borrowed 10 million won from F with the horses,” and distributed 50 million won from F to F, etc., and subsequently, caused F, etc. to lose money by deceiving the victim while doing so with the victim; (b) lent KRW 100 million in total to the victim on three occasions using the above cashier’s check and the check again in the middle; and (c) offset the Defendant’s liability to the victim; (b) thereafter, the Defendant requested F to pay the payment for the termination of the above obligation; and (e) thereafter, the Defendant took part in the crime of this case by taking account of the fact that F, etc. was aware of the fact that F, etc. took part in the payment of the money to F, etc. by taking account of the fact that F, etc., while taking account of the following:

Therefore, the defendant's assertion of mistake is without merit.

B. The amount of money obtained by deception on the assertion of unfair sentencing is 1.5 million won, and the defendant et al. committed the crime in a secret and planned manner by using electronic devices such as radio receiver and arbling, etc., and the defendant has been punished twice by the same criminal record.