A. The Defendant, misunderstanding of facts, committed a failure in business with the victim while doing business, and was aware of the financial situation of the Defendant.

Therefore, there is no intention of deception and deception to the defendant.

(b) Sentencing (the sentence of the lower court: One year of imprisonment);

2. Scope of adjudication of this court;

A. The lower court rejected the applicant C’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation became final and conclusive immediately.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

B. The court below convicted the Defendant of the fraud of the crime Nos. 1 through 3 in the facts charged, and found the Defendant not guilty of the fraud in the name of the purchase of a passenger car in the relationship with the Defendant, respectively, and appealed on the guilty part only of the Defendant, and the prosecutor did not appeal.

The above fraud, which was judged not guilty on the ground of the above fraud, was judged not guilty on the ground of an indivisible principle of appeal along with the fact of the remaining fraud in the relationship of this offense, but the part was already exempted from the object of attack and defense between the parties, and was virtually relieved from the object of trial.

As such, the judgment of the court cannot be judged up to the acquittal portion.

3. Determination

A. 1) As to the assertion of misunderstanding of facts, the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime, unless the Defendant makes a confession. The crime of fraud is established even by willful negligence.

2) The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court.