The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that this judgment.

1. Summary of grounds for appeal: mistake of facts and unreasonable sentencing;

A. Defendant 1) The summary of the assertion of mistake of facts in each of the facts charged in this case found Defendant 1 guilty on each of the frauds listed in the [Attachment Table Nos. 2 and 3] of the judgment below among the facts charged in this case. However, the Defendant cannot be said to have deceiving the victim in connection with each of the facts charged, or obtained the money from the victim. 2) The sentence (six months of imprisonment and one year of suspended execution) sentenced by the court below on the summary of the argument of unfair sentencing is too unreasonable.

B. Prosecutor 1) The lower court acquitted each of the facts charged in the instant case on the ground that there is no proof of each criminal fact with regard to the fraud listed in the Nos. 1 and 4 of the annexed Table of the lower judgment among the facts charged. However, comprehensively taking account of each of the evidence duly admitted and investigated in the instant case, the lower court can fully recognize the fact that the Defendant deceivings the victim in relation to each of the facts charged and acquired money from the victim. 2) The sentence that the lower court rendered by the summary of the allegation of unfair sentencing is too unreasonable.

2. Of the facts charged in the instant case, the Defendant and the prosecutor’s assertion of mistake of facts as to each fraud listed in the [Attachment Nos. 1 through 4] of the crime sight table in the judgment of the court below

The following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, are the same as the facts and circumstances stated in the "2. Judgment of the court below", and the following facts and circumstances, which can be acknowledged by the same evidence, i.e., the victim lent money for the defendant during one month from May 15, 2016 to June 15, 2016, and the defendant repaid money to the victim after June 15, 2016.