The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The fact that the defendant in mistake of facts received money from the victim G as stated in the facts constituting the crime in the original judgment, but there is no fact that the defendant deceivings the victim as stated in the facts constituting the crime in the original judgment.

① The borrower of the money listed in the table Nos. 1 through 12 of the annexed crime list as stated in the judgment of the court below is merely F, and the defendant was merely F, and the defendant was sufficient to introduce it at the time of borrowing, but the financial status of F was deteriorated due to external circumstances. ② The money listed in the table Nos. 13, 14, and 16 of the annexed crime list as stated in the judgment of the court below is explained to the effect that there is a possibility that the damage of principal may be caused due to gambling to the victim upon the victim’s request by the victim's request to inquire about a place where interest or profit would be high. ③ Since the money listed in the annexed crime list Nos. 15 of the attached crime list as stated in the judgment of the court below was repaid after the defendant borrowed it individually from the victim, all of the charges of this case are erroneous in the misunderstanding of facts.

B. The lower court’s imprisonment (three years and six months of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the part Nos. 1 through 12 in the annexed Table 1 to the judgment below, the following facts are recognized. (A) The defendant, around October 2004, took office as the president of F (State) who has his/her punishment for the victim, and the former president demanded to borrow money by borrowing money only three months if he/she lent money to the former president that he/she would use it and return it, and the victim is Seoul Seocho-gu on November 1, 2004.