The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although a mistake of facts accused received KRW 10 million from the victim D, the above money was partially repaid by the victim in the past by the defendant, and the defendant did not borrow money from the victim while lending KRW 150 million to the defendant as stated in the facts constituting the crime in the judgment below.

B. The statement of grounds for appeal submitted by the Defendant on the grounds of unfair sentencing states that “the principal appealed from the sentence declared too by force.” This can be deemed to have asserted unfair sentencing.

The sentence of the lower court (ten months of imprisonment, two years of suspended execution, probation, and community service order of 240 hours) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below states that the circumstances acknowledged by the evidence duly adopted and examined by the court below (i.e., ① the witness D or G tried to operate an entertainment tavern operated by G from the investigation stage to the court below, and consistently, “the victim requested to lend KRW 150 million to the defendant at the time, and the defendant was aware of the fact that he requested to lend KRW 10 million in terms of the director’s expenses,” and ② the defendant also received KRW 10 million from the victim. However, the defendant was only aware of the fact that he received KRW 10 million from the victim, but the defendant did not present any materials to acknowledge that he lent money to the victim. ③ On May 17, 2016, immediately after the date of the crime of this case, the defendant could sufficiently recognize the fact of deception by deceiving the victim as stated in the judgment of the court below.

Defendant’s assertion of mistake.