The judgment below

The part of the compensation order shall be revoked, and the application for compensation by the applicant for compensation shall be dismissed.

Defendant.

1. Summary of grounds for appeal;

A. Compared to misunderstanding of facts and misunderstanding of legal principles, the Defendant borrowed KRW 50 million from the victim as stated in the facts charged. However, the Defendant did not deceiving the victim regarding the purpose of the loan, intent to repay the loan, and ability. Nevertheless, the lower court erred by misapprehending the legal doctrine on mistake of facts and deception in fraud. 2) On the other hand, the victim lent KRW 50 million to E for the purpose of having the Defendant pay a bribe, and thus, the said money constitutes illegal consideration.

Therefore, the victim cannot claim the return of the case to the defendant.

Nevertheless, the court below erred by misapprehending the legal principles as to illegal consideration or compensation order under the Civil Act.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The deception, which is a requirement for determining the mistake of facts and misapprehension of the legal doctrine regarding the guilty part, refers to all affirmative and passive acts that have to be followed in the wide range of property transactional relationship and breach of good faith.

It is not necessarily required to make false indications on the important parts of the juristic act, but it is sufficient to say that it is the basis of judgment for the actor to perform the act of disposal of property that the other party wishes by omitting the other party's error.

Therefore, in cases where it is recognized that the other party to a transaction would not engage in a transaction if he/she received a notice of certain circumstances, a person who receives property is obligated to notify the other party of such circumstances in advance in accordance with the principle of good faith.

Nevertheless, the failure to notify it constitutes a crime of fraud by deceiving the other party by impliedly disregarding the fact that it would be known.

The intention of defraudation, which is a subjective element of fraud, is.