A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

A. The Defendant of mistake of facts lent money to friendly C, but only he was unable to repay the money to the victim B because C did not have any criminal intent to acquire money.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Recognizing the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① the victim B stated that the defendant would not have lent money with the husband’s business fund if the defendant started to borrow money from the husband and used it individually; ② the defendant also recognized that the victim B was the husband’s business fund; ③ the defendant has lent money to C; ③ the defendant alleged that he borrowed money from the husband; however, the defendant could not be confirmed whether he did not submit objective data that he paid money to C and did not know the personal information of C, and even if he did not lend money to C other than telephone numbers; ④ the defendant paid interest from July 29, 2012 until July 29, 2012, the defendant can be recognized as the crime of deceitation.

Therefore, the defendant's above assertion is without merit.

B. In full view of the circumstances unfavorable to the Defendant or the Defendant’s primary offender, the fact that the amount of damage acquired by the Defendant in the judgment on the assertion of unfair sentencing reaches KRW 157 million, and the fact that the Defendant agreed with the victim was the first offender, and other various circumstances, including the character, conduct, age, family relationship, motive and circumstance of the offense, means and consequence of the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.

3.