A. The Defendant’s misunderstanding of fact is irrelevant to the instant purchase price concerning the building G owned by the victim, claiming that the amount that the Defendant received from the damaged party was subject to the cancellation of the right to sell the G, and the Defendant did not deceiving the victim or defraud the money from the damaged party as stated in the judgment of the court below.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. Even if the sentencing was found to be guilty, the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of factual mistake 1) was based on the evidence duly adopted and investigated by the lower court: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court (i.e., ① the victim’s statement is specific and consistent, and it is difficult to find out any other circumstances to doubt its credibility; (b) the victim did not gain profit or recover investment money despite having borne most of the investment contributions for three cases before the apartment complex in the process of making an investment together with the Defendant; and (c) there was no fact that there was settlement of the loss portion between the Defendant and the Defendant; and (c) the Defendant was deemed to have no motive to pay the Defendant for the loss incurred from the investment in the apartment complex in the Cheongra Mu, Mau apartment; and (c) the Defendant used the money paid by the injured party as the settlement cost for

After statement, the investigation report (76 pages of investigation records) on the settlement of the above apartment sale right was made, the above money was used for the entire cost of living.

The statement was reversed, 4. The victim filed a lawsuit against G, the owner of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the