The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case even though the defendant did not have the intention of deceiving the mistake of facts, is erroneous and has affected the conclusion

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

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the first sentence of the charges of this case, the prosecutor changed the part of the first sentence part of the charges of this case that "I wish to borrow the land owned by Haak-gun, which requires money in order to borrow the land, and thus I wish to receive the money from Haak-gun in order to receive the money from Haak-gun in order to receive the money." The prosecutor changed the part of the first sentence part of the charges of this case to "I want to repay the money received from the F, because I want to receive the money from Haak-gun in terms of personnel management, I want to repay the money received from the F, because I want to receive the money." The second sentence part of the second sentence "I cannot rent the land owned by Haak-gun," and the judgment of the court below was changed to this point because it was subject to the judgment.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts within the scope of the modified facts charged is still subject to the judgment of this court, and this is examined below.

3. Judgment on the defendant's assertion of mistake of facts

A. The intent of defraudation, which is a subjective constituent element of fraud, of the relevant legal principles, shall be determined by taking into account objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant is led to his confession. Since the crime of fraud is established by willful negligence, it is also a subjective element of the constituent element of the crime.