Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (Definite) did not borrow KRW 20 million from the victim, and C borrowed money from the victim.

B. The sentence of the lower court’s sentence (e.g., e., e., g., e., e.

2. The court below also rejected the Defendant’s assertion of mistake of facts as to the Defendant’s assertion of mistake of facts, and the court below rejected the Defendant’s assertion of mistake of facts in detail under the title of “decision on the Defendant’s and the defense counsel’s assertion” in the judgment.

In full view of the following circumstances admitted by the court below based on the evidence duly admitted and investigated by the court below, the above judgment of the court below is justified, and there was no error of mistake of facts as pointed out by the defendant.

(1) The defendant is recognized to borrow 20 million won at an investigative agency, but he/she has stated that he/she does not borrow money by making a false statement.

The Defendant borrowed KRW 20,00,000 from the Defendant, stating that C is urgently needed to prevent a bill, and even if the money actually borrowed was used to prevent C from using the bill, such circumstance is merely the use of the borrowed money.

② The victim did not appear to have any specific relationship with C, and eventually, the victim lent the instant money to C, and the Defendant immediately paid the said money to C, if the Defendant did not have any specific property or income, the amount paid to C can be repaid or offseted against the existing borrowed money, and thus, it cannot be returned to C from the point of borrowing.

(3) C shall be the victim at an investigative agency.