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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. In fact, the defendant was found to have received KRW 22,450,00 from the victims over 25 times, but there was no fact that "the victims shall receive interest of KRW 10,000 per 10 days" or "if the victims lend money, 10% interest shall be used within 30% during one month and the remainder 20% shall be given." The judgment of the court below is erroneous in matters of mistake of facts.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too heavy.
2. Judgment on the assertion of mistake of facts
A. Determination 1 on the attached Table 1 to 21, 24, 25 portion of the crime list No. 1) The victim B stated that the investigative agency and investigation agency have consistently made a statement from the defendant to the court of the trial, and that the victim D has also made a statement to the same purport in the court of the trial. The victim B and D also made a statement to the same purport in the court of the trial. The following circumstances are acknowledged by each evidence duly adopted and investigated by the court below and the court of the trial. In other words, the victim B, upon introduction of the victim D around 2007, was only a relationship between the defendant who works in the scood and scood from around 208, going through the victim D, and he was in the same way as the victim did not know of the fact that the victim B married to the court of the trial, but the victim did not have any strong knowledge of the fact that he did not have any interest in the transaction between B and the defendant 1, 215.