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 relation to the fraud of mistake of fact, the court below found the defendant guilty of all the facts charged of this case, although the defendant did not deception the victim by deceiving him as stated in the judgment of the court below. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court in full view of the evidence duly adopted and examined by the lower court regarding the assertion of facts, i.e., ① the victim consistently in the investigative agency and the court of the lower court to lend money to the Defendant as stated in Article 1-A. 1 of the Criminal facts in the holding of the lower court on the ground that the Defendant borrowed money for the purpose of purchasing a master’s name business, and the Defendant was well a master’s name business on August 2014, and the Defendant was well a master’s name business on the back of 2014, and paid the amount of the loan principal and the amount of the monthly profit of KRW 1430,000.

On the other hand, as stated in the judgment of the court below, 18,970,000 won was loaned to the defendant as stated in the crime No. 1-A-2 of the judgment of the court below, and the defendant should purchase the name of the defendant, and there is a problem in tax or customs in the defendant's credit card, and therefore, it is possible to use the credit card in the name of the victim for the master business and pay the amount in full.

Based on the facts stated in the judgment below, the defendant stated that he delivered two credit cards in the name of the victim as stated in Section 1-A(3) of the facts constituting the crime in the judgment below, and (2) as stated in Section 1-A(1) of the original facts constituting the crime in the judgment, the defendant transferred only three million won out of 4 million won borrowed from the victim to the account in the name of the defendant's child-friendly son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son