A. According to the evidence of mistake of facts (the fraud against the victim C in 2018 Godan1991), the criminal intent of deception and fraud is recognized.

Nevertheless, the lower court found the Defendant not guilty on the ground that there is no evidence to acknowledge that the Defendant had deceptioned the Victim C with the intent of deceiving the Defendant by deception.

B. The lower court’s sentence of an unreasonable sentencing (two million won of fine) against the Defendant is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 2015, the Defendant made a false statement in the facts charged (the fraud against the victim C) that “If the Defendant lends KRW 30 million to directly establish a hospital to the victim C, he/she will pay interest on the second-month interest within three months.”

However, the Defendant, at the time of bad credit standing, was aware of the Defendant’s obligation of several million won, and was planning to operate a hospital by borrowing money from the surrounding persons, receiving the time limit money in advance or on credit, but there was no intention or ability to repay the victim’s money with other liabilities before the hospital’s operation expenses and the payment of credit, etc., even if operating the hospital, since the Defendant was willing to pay 60% of the hospital’s revenues to the doctor, and the Defendant was also aware of the risk burden that can be controlled at any time because it was planned to perform illegal treatment.

Around November 13, 2015, the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim to the J bank account (K) account in the name of the Defendant I (K) as well as obtained from October 16, 2016 through the above method, and acquired KRW 202,554,00 in total over 35 times, as described in the list of crimes in the attached list of crimes.

B. Judgment of the court below.