The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In the case of a mistake of fact, the defendant borrowed 57 million won from the victim D, and there is no other part of the remainder except the money that the defendant received from the account of his/her own or his/her father from among each borrowed amount listed in the crime sight chart as stated in the judgment below.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the court below.

1) The victim D refers to each of the accounts of community credit cooperatives under his/her father G (H, I, J, hereinafter “instant accounts”).

A) The bank transactions have been conducted by using the instant accounts. According to the details of transactions in each of the instant accounts, it is confirmed that the Defendant, as well as the Defendant, has received KRW 10,000,000 from several titles, such as K, L, M, N,O, P, Q, Q, R, S, and T, and in this respect, D appears to have operated a bond business using the instant accounts. 2) The amount of damage stated in the instant facts charged was calculated based on the “the details of deposits” for each of the instant accounts attached to D’s accusation, and according to the above details of the deposit withdrawal, all cash withdrawn from the instant accounts from October 26, 2010 to January 7, 2013 are deemed as loans to the Defendant, and as part of the amount of damage was adjusted.

3) D holds, with respect to the Defendant, one copy of the loan certificate stating that “the Defendant shall borrow KRW 9 million and KRW 7 million (not on the date of preparation),” and one copy of the loan certificate stating that “the Defendant shall borrow KRW 2 million on January 6, 201, and promise to repay until February 6, 2011,” and one copy of the loan certificate stating that “the Defendant shall promise to repay KRW 5 million by August 23, 2011,” and the Defendant shall hold one copy of the loan certificate (not on the date of preparation, April 6, 2011) stating that “the Defendant borrowed KRW 40,850,000,000.”