A defendant shall be punished by imprisonment for not less than one year and six months.

A. In fact, the Defendant, who is aware of the fact, received money from the damaged party for the establishment and operation of a corporation to conclude a contract for vicarious execution of apartment sale and uses part of the money as the street funds.

There is no fact of deceiving the damaged person and there was no intention to commit the crime of fraud.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of two-year imprisonment, which the court below decided against the defendant, is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the Defendant may recognize the fact of deceiving the victim as stated in the facts charged, and the intent of deceiving the victim is recognized.

Therefore, the defendant's assertion of facts is without merit.

1) The victim will allow the defendant to enter into an agency contract for the sale of apartment units in the Namyang-gu Incheon Metropolitan City Corporation implemented by the Gyeonggi-do Urban Corporation.

After establishing a corporation for the apartment sale agency business, the purport that in order to conclude a sales agency contract with a special purpose corporation established by the Gyeonggi-do Urban Corporation, it is necessary to deliver KRW 100 million to the head of the M of the Gyeonggi-do Urban Corporation and the head of the N department through I with the special purpose corporation established by the Gyeonggi-do Urban Corporation and the head of the N department.”

Comparedly made statements.

2) The Defendant did not clearly state what the Defendant knew while recognizing the fact that he made the victim an exaggeration of the victim’s friendship with I, M, N, etc., and thus, the Defendant’s assertion that there was no deception of the victim is insufficient credibility.

3) At the time, the Defendant had regard to apartment sales projects in the Namyang-gu Busan Metropolitan Area through the Do governor or the Gyeonggi-do City construction website.