The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant owned three loans from the victim company at the time of receiving the loan from the victim company, did not have any delay in other financial institutions, and had the ability and intent to repay the loan to the victim company.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment with labor for six months and two years of probation and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts can only be made by taking into account the objective circumstances such as the Defendant’s financial power, environment, details of the crime, and process of transaction before and after the crime, insofar as the Defendant does not make a confession. The criminal intent is not definite intention, but dolusent intent (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008). Defation means an act contrary to the good faith principle that should be widely observed in transaction relations and causes mistake to a person. The mistake does not necessarily mean that it is an essential part of a juristic act, and it is sufficient to establish motive mistake as well as that of motive mistake. 2) In full view of the circumstances where the Defendant could not be sufficiently recognized by the victim’s motive or intent to obtain money from the Defendant as being lawfully adopted and investigated by the lower court, and the Defendant could sufficiently be recognized as having been aware of the Defendant’s motive or intent to obtain money from the victim.

① At the time of the instant loan, the Defendant owned Nos. 201, 202, and 501 of the building E and H located at the time of the Government.