A. In determining the facts, the Defendant paid KRW 50 million to H as the deposit for the lease of the F Hospital funeral hall, and thereafter, the Defendant calculated the agreed amount including approximately KRW 150,000,000,000, which was paid by the Defendant while entrusting the management of the F Hospital to the F Hospital at the time of the agreement on the return of the deposit for the said lease with H and the victim due to the default of the F Hospital. As such, the Defendant had at least 1/2 rights to the agreed amount.

Therefore, although the defendant did not intend to acquire money exceeding his share of the above agreed amount, the court below accepted the facts charged in this case and convicted the defendant. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts, the defendant argued the same facts as the reasons for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the reasons for the judgment, and a thorough comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as pointed out by the defendant, and the defendant's assertion of misunderstanding of facts

B. Although the defendant did not have any history of punishment for the same kind of crime because of the age of the defendant, and the court below deposited part of the amount of damage for the victim, despite the fact that the amount acquired by the defendant from the victim is reasonable, it does not reach an agreement with the victim, and other conditions of sentencing specified in the instant case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime.