All the costs of the original judgment and the trial shall be borne by the defendant.

A. The Defendant, who is the owner of the instant vinyl, listens to the speech that the said vinyl would be able to receive a reasonable amount of compensation when the said vinyl was finally expropriated from D, and introduced it to the victim F. In collusion with D, the Defendant did not defraud the purchase price of the instant vinyl from the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts are as follows. ① The victim stated that "the defendant was in progress of the redevelopment project in an area where the vinyl of this case is installed, and if the defendant was found to have carried on a farming house of this case, he may be entitled to the redevelopment compensation within a few months." ② Even though the defendant did not specifically express the victim's compensation for the vinyl of this case directly, if the defendant explained that D was present at least in the victim's place of explanation of these contents and provided general acceptance procedures, the victim would have been deemed to have trusted the horses of the defendant who is a licensed real estate agent. ③ In light of the fact that the defendant is working as a licensed real estate agent, it is difficult to easily obtain the statement that the defendant believed only D's horses without confirming the specific timing of expropriation, size of compensation and payment, etc., and ④ prior to the crime of this case, it is difficult to view that the defendant conspiredd the victim to other persons and 25 million won, which is similar to D and 25 million won.