A. Fact-misunderstanding (as to the fraud in the criminal facts of the case No. 2017 Highest 164) did not have the criminal intent to obtain money from the Defendant, and Q has received money by deceiving the victim on a voluntary basis.

B. Sentencing

2. Determination

A. In full view of the following facts and circumstances acknowledged in light of the evidence duly investigated and adopted by the court below as to the assertion of mistake of facts, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts alleged by the defendant.

The defendant's assertion of mistake is not accepted.

① The statement of Q Q from the investigative agency to the court is relatively consistent and specific to the extent that it is difficult to make statements without actual experience, when Q received money from the victim, how Q Q received money from the Defendant and delivered it to the Defendant, and how Q’s situation before and after the crime was committed.

In addition, the statement of Q is consistent with other objective evidence such as forged trading contract and the victim's written statement of written application.

Therefore, the credibility of Q’s statement can be acknowledged unless there are special circumstances to intervene false in Q’s statement.

② At the time of investigation conducted by the prosecution, the Defendant used the money equivalent to KRW 200 million received as living expenses, etc., and made a false transaction contract for the purpose of gathering it.

The sales contract, which was shown to Q, was prepared at will, and Q was known to have been actually sold.

Before receiving KRW 120,500,000 from the injured party, Q voluntarily prepared a real estate transaction agreement and presented it to Q. However, Q did not know that the transaction agreement was fake, and could have been aware that it was actually a transaction agreement.

“Statement made to the effect that it is consistent with the facts charged.”

(3) The defendant shall, at the time of investigation by the prosecution, commit the instant crime.