The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

A. Defendant 1’s misunderstanding of fact (the Defendant’s fraud on August 9, 2012 against the victim E) invested the money of AS, AT, and AU in a person who actually operates AH with an entity that actually operates AH.

O tried to implement M-building construction projects after completion of the building with the money, but it failed to meet the obligation of construction cost due to new construction works.

The defendant's 30 million won, which he received from the injured party, was invested in the O, and the O set up and set up the right to collateral security of 30 million won to the defendant, but the defendant also could not set up the right to collateral security for the victim.

On May 9, 2013, May 13, 2013, the Defendant urged theO to prepare a letter fromO to transfer to the Defendant eight parcels of land, other than the Chungcheongnam-gun L, Chungcheongnam-gun, Chungcheongnam-do on May 13, 2013.

After that, the Defendant, who did not pay money, filed an application for an auction on the above land and building, but withdrawn at the O’s request. Despite the Defendant’s efforts, the O did not prevent other creditors from selling the above land, and the above building and land were put out to the auction on December 2, 2015. The Defendant is also a victim, and the Defendant was also unable to pay the victim’s money due to the Plaintiff’s default, and there was no intention to obtain fraud.

2) The sentence of the lower court (one month of imprisonment with prison labor) against the criminal defendant who committed an unfair sentencing is too unfair and unfair (in relation to the fraud against the victim K, the Defendant made a confession at the first trial date of the trial of the first instance court). (b) In light of the investigating agency and the legal statement of the victim as to the charge No. 1 of the charge, the circumstance of giving money, etc., the victim’s mistake of the facts as to the charge No. 1 of the charge, the amount of KRW 7 million has been given for the purpose of collecting the claim, and the Defendant used it as its office and activity expenses, unlike the specific purpose of use.

Therefore, the defendant is recognized.