The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged of this case even though he did not have the intention to commit fraud because he had the intent and ability to repay the money from the victim at the time of borrowing the money.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, probation, community service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (i) the defendant was in a state of 13 billion won at the time of borrowing money from the victim, i.e., the defendant was in a state of bad credit and bad credit; (ii) the defendant had no property in the name of the defendant; (iii) although the defendant was in a state of her own property E at the time, he was in a state of necessity of considerable funds, such as the loan interest, living expenses, and children’s study funds, but he did not make any particular profits due to the difficult operation of the set (the foregoing set was disposed of in an auction procedure) (iii) the defendant was in default at the time of the loan only for a few months after the loan; (iv) the defendant was in a state of 13 billion won or more at the time of borrowing money from the victim; and (v) the defendant was in a state of her failure to repay the money to the victim for any other several months after the loan, the defendant’s assertion of mistake of facts is sufficiently justified.

B. The Defendant’s judgment on the assertion of unfair sentencing has a record of punishment several times including fines due to the same kind of crime, and the money acquired by deception is a considerable disadvantage.

On the other hand, the defendant has no criminal records of suspended execution or more, and the victim does not have the punishment for the defendant by mutual consent with the victim.