The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eleven months.

Of the facts charged in the instant case, the victim X.

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of this part of the facts charged on the following grounds: (a) misunderstanding of the facts (the fraud against the victim X; (b) the victim X was aware that it would be used as gambling funds with a high possibility of not being repaid; and (c) the Defendant provided a vehicle as security by borrowing money from the victim; (d) the Defendant did not deceiving the victim; and (e) even though the Defendant had the ability to repay money at the time of borrowing money, the lower court convicted the Defendant of this part of the facts charged.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Before deciding on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for the amendment of the indictment with the content that “the victim X operated by the victim X at the time of luminous injury” was changed to “AK by telephone,” among the facts charged (the fraud against the victim X) Nos. 1769 of the judgment below at the trial of the court below. Since this court permitted this, the corresponding part of the judgment of the court below is no longer maintained.

In addition, this part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained in its entirety

However, although the judgment of the court below has the above reasons for reversal, the defendant's assertion of misunderstanding the facts is still subject to the judgment of the court, and this is examined below.

3. Judgment on the assertion of mistake of facts

A. This part of the facts charged (the fraud against victim X, No. 4 of the facts charged as indicated in the lower judgment, No. 2016 order 1769) is the Defendant via AK by telephone on January 3, 2014 (the facts charged was modified in the first instance trial as seen in paragraph 2 of the above Article).