All appeals by the defendant and the prosecutor are dismissed.

The court below found the defendant guilty of the facts charged of this case even though the defendant did not have the intention of deception, the court below erred in the facts of this case.

Sentencing : The sentence of the lower court (4 months of imprisonment, 2 years of suspended execution, 80 hours of community service) against the Defendant is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

According to the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the Defendant’s assertion of mistake, it is sufficient to recognize the fact that the Defendant deceptioned the victim, and that the Defendant did not have sufficient means to return the borrowed money at the time of discount of the bill from the injured party. Accordingly, it is sufficient to recognize the fact that the Defendant acquired money

Therefore, the defendant's assertion of facts is without merit.

The Defendant stated that “from the second half of 2014, the number of shares and the supply and demand were not well returned, and that it was received in order to return funds from 2015, and that there was a big difficulty in compensating damages due to the occurrence of deficit and the occurrence of a large number of defective goods,” and that “liability was up to one billion won,” and recognized that the Defendant’s financial position of the Defendant’s company at the time of the instant case was extremely difficult (Evidence No. 29,91 of the evidence record). The Defendant could have fully repaid the contract when it was well carried out by the Defendant.

However, on November 7, 2014, the amount borrowed by the Defendant from the injured party was back to half of the total amount of KRW 21 million at the discount of a bill (Evidence 93 of the evidence record). D, a company operated by the Defendant, was finally defaulted on June 8, 2015, and part of the total amount of the sales of the factory immediately before the dishonor was appropriated for KRW 41 million, and real estate in the name of the Defendant.