A defendant shall be punished by imprisonment for a term of one year and eight months.

In fact, the Defendant intended to dispose of three parcels of land within AB (hereinafter “instant land”) with the victim E and N, and to return investment funds and profits to the victim and N. In collusion with the J from the beginning, there was no intention to acquire the victim’s money in collusion.

Even if fraud is recognized, the Defendant did not know that J paid KRW 60 million from the victim as the down payment of the purchase price of the instant land of this case, and it did not directly receive the Defendant. Therefore, fraud as to this part is not established.

The sentence of unfair sentencing (two years of imprisonment) by the court below is too unreasonable.

Judgment

The judgment of the court below on the assertion of misunderstanding the facts reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim made a statement at the prosecutor's office that "the defendant would accept the share transfer registration corresponding to the share transfer registration when he/she pays the purchase price because he/she would be able to view the resale profit if he/she purchased the land with J and N," and the J and the defendant paid the down payment and the intermediate payment. There is no circumstance to doubt the consistent, concrete and special credibility of the statement. (ii) The victim bears the share of KRW 60 million out of the down payment of the land of this case and KRW 80 million out of the intermediate payment and the intermediate payment, except for the victim, with respect to the share of KRW 55/100 of the land of this case; (iii) the defendant wife obtained the share transfer registration in the name of 30/100 with respect to the share of KRW 15/100,000 from the prosecutor's office, and completed the remainder of this case.