A. On December 30, 2007, the Defendant, according to the sales contract concluded with the said victim, as to the fraud of the victim D, intends to make the registration of ownership transfer on or around December 30, 2007, on or around December 30, 2007, 740 square meters (hereinafter “instant land share”). However, it was not possible to transfer the registration of ownership transfer to the wind detained around that time, and there was no intention to commit fraud.

With respect to the fraud of the victim L, the defendant employed the victim L and engaged in the land sales business, and changed the type of business to another canal system construction implementation project, and the office operating expenses are required until the time of the construction project, and borrowed money from the above victim for the purpose of operating expenses, and there was no deception or deception.

B. In light of the following: (a) the Defendant’s mistake of unfair sentencing is against himself; (b) the victim D made a registration of transfer of the co-owned share in the land of Gyeonggi-gun under the pretext of accord and satisfaction; (c) the victim I suffered damage; (d) the Defendant attempted to change the damage caused by the new construction of multi-household housing; (e) the damage has been delayed due to the Defendant’s failure to receive the construction cost equivalent to KRW 200 million on the wind detained by the Defendant; and (e) the crime of fraud is in a concurrent relationship between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act with the crime for which the judgment became final and the crime of fraud was committed on November 207.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the court below, which found the victim D's fraud around November 2007. In other words, the defendant at the time did not acquire the title to the share of the land of this case.