A. As stated in the facts charged in this case, the Defendant did not receive KRW 100 million from the victims by deception or by deception, but did not purchase and lease the commercial room due to changes in circumstances after the contract was entered, and thus, the judgment of the court below which found the Defendant guilty of the facts charged in this case guilty of mistake of facts, notwithstanding the absence of intention of deception or deception.

B. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

(1) The Defendant, as the head of the Daejeon Seosung-gu E apartment shopping mall, has to sell in lots and discussed the victims C and D around 201 about the sale of commercial buildings.

The victims, as an oriental medical doctor and a medical specialist, were using a proper place for the purpose of operating a convalescent hospital. C delegated all kinds of authority related to the purchase, lease, etc. of commercial buildings to F, one's own land, and accordingly F, prior to entering into a contract related to the sale and lease of commercial buildings in this case between the defendant and the victims, the victims sent all information about the financial status of the defendant and the rent of commercial buildings in this case, and became a substitute for concluding the contract.

(2) As a result of negotiations for concluding a contract, the Defendant entered into an agreement with the victims to provide lease after purchasing the E Commercial Building 205 to 221 and 327 (hereinafter “instant commercial building”). On February 7, 2012, the Defendant and the victims entered into a provisional contract with the lessor as the Defendant, the lessee, the victim C, D, and the observer. The provisional contract entered into between the lessor and the lessee at the same time as the provisional contract entered into.

(1) Deposits;