However, due to the unforeseeable situation of the defendant (the victim's spouse Mless Cooperation) and there was no intention of defraudation at the time of receiving KRW 200 million from the injured party.

The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court and the lower court as to the mistake of facts or misapprehension of the legal doctrine, the Defendant was aware of the fact that even if receiving money from the injured party, the Defendant could not pay the said money due to the failure to obtain a successful bid.

It is reasonable to view it.

In the end, this part of the defendant's assertion is without merit.

① The Defendant: (a) prepared for the amount of KRW 160,000,000,000,000 for the bid price of KRW 20% for the instant building and KRW 260,000,000 for the cost of repair; (b) the remainder of the auction price can be awarded a successful bid for the instant building under the name of G Co., Ltd. (hereinafter “G”); and (c) one half of the actual monthly profit expected in operating the said building as a danran tavern, Moel, etc. is paid to the Defendant.

I explained.

On the other hand, the defendant decided to register the victim's spouse M as G director in order to guarantee the victim's payment of profits.

② On June 21, 2010, the Defendant was awarded a successful bid of KRW 7660,000,000 for the instant building in the name of G.

Defendant paid KRW 74,924,600 as bid bond on the same day, and the remaining payment deadline was set on July 29, 2010.

(3) The injured party is the case from the defendant.