A. Defendant 1) Since the investment funds of the victim of mistake of facts in the instant case were replaced by the K gas station investment funds under the agreement between the Defendant and the victim, the lower court convicted the Defendant, even though the Defendant did not have embezzled them, erred by misapprehending the fact and adversely affecting the conclusion of the judgment. 2) The sentence (one year of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. A prosecutor 1) Although it is reasonable to see that the Defendant acquired and operated a gas station in a normal manner without intention or ability to operate the gas station, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the defendant's assertion of mistake of facts, the court below rejected the above argument and found the defendant guilty on the grounds of various circumstances as stated in its reasoning in the part on "reasons for the crime of oil". If the court below reviewed the above decision by comparing it with records and closely, the court below's decision that found the defendant guilty on the relevant part of the facts charged against the defendant is just, and it does not seem that there was an error of misconception of facts as alleged by the defendant, and thus, this part of the defendant's assertion is not accepted.

B. As to the prosecutor’s assertion of mistake of facts, the Defendant introduced the E gas station from I and opened the E gas station with H. On May 8, 2013, the Defendant again established the E gas station with H and the victim, and requested I to cancel the contract because the E gas station is good. (2) The Defendant’s side and F, the owner of the E gas station, exchanged opinions on the rent of the E gas station several times, and the rent was KRW 150,000,000,000 for monthly rent.