The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. 1) The Defendant merely received investments from the victim according to the terms of the partnership agreement concluded with the victim G, and did not borrow money for specific purposes, such as mixed expenses, expenses for mediation, etc. as stated in the instant facts charged. 2) Although the Defendant had the intent or ability to repay the money from the victim at the time of borrowing the money, there was no mistake that the lower court convicted the victim of the instant facts charged, the lower court erred by misapprehending the facts.

B. The court below's decision on the grounds of unfair sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) With respect to the assertion of mistake of facts, the defendant submitted a partnership contract (as to the argument of mistake of facts) based on the fact that he entered into the partnership contract with the victim. However, the following circumstances revealed by the evidence in the judgment of the court below are consistently asserted to the effect that the victim lent money to the defendant under the same name as stated in the facts charged in this case without entering into the partnership contract with the defendant.