The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. On October 14, 2016, the Defendant: (a) borrowed KRW 45 million from the injured party to participate in the auction of land necessary for the acquisition and operation of C Co., Ltd. (hereinafter “C”); (b) but (c) did not receive the award; and (d) used the card price and the company’s operating fund during the return of the said money as the card price and the company’s operating fund; and (c) did not return the said money to the injured party.

Since then, the Defendant, when operating the Co., Ltd.O (hereinafter “O”), had the victim P, the husband of the victim, operate the bitr in the name of O, and set the cost for the victim’s side and the right to operate the bitr (the cost of operating the number board) as KRW 65 million, and paid the victim KRW 20 million by offsetting the victim and additionally paying the remainder of KRW 20 million on June 13, 2017.

At the time, P had already operated the above Twiter and gained substantial profits, and the defendant thought that the above 20 million won was used for the company operation expenses, and the actual number plate was transferred to the victim around April 2018, but the contact was not made.

Therefore, at the time of each act entered in the facts of the crime in the judgment below, there was no intention to commit deception and fraud.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of fact 1) The relevant legal doctrine is established by deceiving another person to make a mistake by inducing the act of disposal, and by obtaining property or pecuniary profit. The relationship between deception, mistake, and property disposal is required. Whether a certain act constitutes deception that causes mistake to another person, and whether such deception and disposal of property are related to the other person’s act, such as transactional situation, other party’s knowledge, character, experience, occupation, etc.