사기
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by six months of imprisonment.
except that this judgment.
1. misunderstanding of facts as to the gist of the grounds for appeal and misunderstanding of legal principles (at the time of borrowing KRW 30 million from the victim on August 10, 2007, the defendant had a dispute over the event of sale in lots, but at the time of receiving the commission for sale in lots on two occasions, the remaining fee of KRW 100,000 in the end is considered to be able to be paid up to KRW 100,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00 won
A. Various circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the trial court regarding the assertion of mistake of facts, etc., ① the Defendant requested a sales agency fee of KRW 1.5 million to the sales agency around June 19, 2007, but the Defendant was refused to pay the sales agency fee on the ground that it was damaged (Evidence No. 42 pages), and around August 10, 2007, the Defendant sent the sales agency fee to the sales agency by subrogation of the sales agency against the sales agency (Evidence No. 43 pages), and ② the Defendant did not properly notify the victim of the dispute about the sales agency fee under circumstances where it is difficult to easily receive the fee within the close time to receive it (Evidence No. 43 pages of the evidence record No. 62, the evidence record No. 162). The Defendant paid the sales agency fee to the sales agency and paid the sales agency fee to the third party.