A. Defendant A (1) misunderstanding of facts (A) / [2010 Highest 4751] The Defendant did not deceiving the Victim J.

(B) [2012 Godan1867] The Defendant received a business report from Q’s representative director of P Co., Ltd. (hereinafter “P”) on the receipt of a sale deposit and the preparation of a sales agency contract without affixing a trust seal, and used deposited KRW 200 million as a company’s operating fund. In collusion with Defendant B, the Defendant did not take part in the acquisition of KRW 200 million of the sale price by deceiving the victim E as stated in the judgment of the court below, nor did he take part in the use of the sales contract in the name of Asia Trust Co., Ltd. (hereinafter “A Trust”).

(2) The lower court’s sentence of unreasonable sentencing (one year and eight months of imprisonment) is too unreasonable.

B. Upon the order of the team leader of the sale agency team, Defendant B (MOtel 913 and 914 are discounted and sold to the victim for use as PP company operation funds. First of all, the sale contract with the P official seal affixed thereon shall be issued without the official seal of the Asian trust, and the above office shall be sold at any time or the ledger shall be arranged in the name of the victim designated by the victim, and the contract was issued with the P seal affixed by the victim, and the victim shall receive KRW 200 million from the victim, and the contract was issued with the P seal affixed thereon, and the victim shall find P after the execution of the sale agency business by the defendant and replace it with the sales contract with the trust official seal affixed thereon.

Therefore, there is no fact that the defendant deceivings the victim as stated in the judgment of the court below, or conspired or participated in the act of deceiving the defendant A, and there is no fact that the defendant A conspired or participated in the use of the sale contract under the name of the Asian trust.

2. Determination

A. The lower court’s judgment on the Defendants’ assertion of mistake of facts is erroneous. (1) The lower court erred by Defendant A’s victim J.