A. misunderstanding of facts and misunderstanding of legal principles were received from the account of a P Co., Ltd. (hereinafter “P”) that he/she operated, and at the time requested the victim who had been an accounting employee of H to transfer the money deposited in P to J, L, and M. The victim transferred the money deposited in P to the account under the name of the victim and transferred the money to the J, etc.

Therefore, the amount of money that the victim transferred to J, L, M, etc. is the Defendant’s money and the Defendant’s money was not the money borrowed from the victim.

Nevertheless, under the premise that P transferred money from P to the victim, and the defendant returned the money borrowed from the victim on October 30, 2010, the court below recognized that the victim lent money from the account in the victim's name to J, etc. again. In so doing, the court below erred by misapprehending the fact or by misapprehending the legal principles.

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

2. Determination

A. The Defendant and the defense counsel in the judgment of mistake of facts and misapprehension of legal principles also asserted the same contents as the grounds for appeal, and the court below rejected the above assertion in detail, stating in detail the decision 5 and 6.

In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, the above judgment of the court below is justified, and there was no error of misapprehending the legal principles, and there was no error of misapprehending the facts or of misapprehending the legal principles.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

① In the instant case, the Defendant also recognized that the Defendant received money from the victim around October 2010 to exchange 683,000 bills. As to the nature of the said money, the Defendant is worth KRW 120,000,000 for AI and Q.