A defendant shall be punished by imprisonment with prison labor for up to six months.

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

A. Defendant 1) misunderstanding the fact (as to the crime of fraud of KRW 20 million against the victim L), the Defendant collected 30 persons to whom the right to sell an apartment unit is assigned to J and received 1 million won as the down payment, and then obtain the right to sell the apartment unit thereafter.

In addition, the court below found the defendant guilty of this part of the facts charged in the absence of the fact that he merely received 29 million won as a provisional contract of 29 percent by J, and that he deceptioned the victim L through J, thereby deceiving the victim L, the court below found the defendant guilty of this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. A prosecutor 1) According to each of the statements, etc. made by the Defendant and the J at the investigation agency by each of the Defendant and the J at the investigation agency, the lower court found the Defendant guilty of this part of the facts charged on the ground of the lower court’s oral statement by the J without credibility, although the Defendant could sufficiently recognize the fact that he deceivinged the Victim L by deceiving the Victim L, thereby deceiving the Defendant, but the lower court acquitted the Defendant of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. Prior to the judgment on each of the grounds for appeal by the Defendant and the prosecutor, prior to the judgment on ex officio, the Prosecutor added “Article 347(2) of the Criminal Act” to “Article 347(2) of the Criminal Act” under the applicable law of the facts charged. Of the facts charged, the part on the fraud of the victim L in the facts charged is that “The Defendant has 30 members’ right to sell an apartment building to which he/she can learn the right to sell to the victim at the Kerc shop located in Busan, Jin-gu, Busan, Busan, through his/her seat around July 2011, the Defendant would sell it in lots at a discounted price of 30% per square day because he/she has secured 30% of the right to sell in lots at the same time as the purchase payment through J around July 2011.” < Amended by Act No. 12233, Jul. 24, 2014>