A. In order to conduct the actual credit business, a mistake of facts: (a) the Defendant received an investment money from the victim to receive the investment money from the victim; (b) failed to conduct the credit business by making the funds available for the partner; and (c) invested the said investment money received from the victim with the consent of the victim, but did not return the investment money to the victim on

It shall not be deemed that there was a criminal intent to obtain fraud or to commit a crime.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below 1 is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① The victim stated in the police investigation before the death that he paid the Defendant the money as stated in the judgment in the name of investment in non-performing loans, but the police and prosecutorial investigation did not mention that the Defendant was paid the money as investment in non-performing loans and invested in stocks with the consent of the victim. It is not consistent with the victim's statement because there was no mention in the court below as to the fact that the Defendant was claiming that he invested in stocks under the name of bonds business with the consent of the victim. ② In particular, the victim stated that each of the funds of this case was funds for 54 million won deposited through the defendant on September 18, 2017, which was before the transfer, and submitted a stock sales contract for this, while the victim made a clear statement that he paid the money under the name of investment in the bonds business with respect to each of the funds remitted to the defendant after the death. ③ If the defendant obtained the consent of the victim, it is also known to the victim.