The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Summary of Grounds for Appeal

A. In the case of a crime on June 20, 2014 as indicated in the judgment of the court below, the victim borrowed 30 million won from the victim in the case of a crime on or around June 20, 2014 as stated in the facts constituting a mistake of facts or misapprehension of legal principles, but only did not repay the money due to the aggravation of the economic situation after the loan, and thus, the intent of fraud is not recognized

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake or misapprehension of legal principles, in a case where the Defendant consistently led to the crime from the investigative agency to the trial date, and reversed his own confession from a certain trial date, in addition to examining the credibility of the confession statement, the following should be examined: (a) the motive or reason behind the reversal of the confession and the details of the statement made after the investigative agency; and (b) whether there is evidence to support the reversal; (c) based on the aforementioned legal principles, the health care unit for the instant case; (d) the evidence duly adopted and investigated by the lower court; and (e) the Defendant was operating three times times the confessions from June 20, 2014 to the trial date; and (e) the Defendant appears to have been “defluencing his/her liability to the victim,” and (e) the Defendant appears to have been “deflucing his/her principal and liability to the victim,” and (e) the Defendant appears to have been aware of the victim’s identity at the time of the confessions and the statement made after the investigative agency.