A. (1) The Defendant, as a de facto operator of G Co., Ltd. (hereinafter “instant company”) around October 15, 2009, received KRW 20 million from the victim E with the promotion cost for obtaining permission for the golf practice hall around October 15, 2009, and received KRW 5 million as a down payment to the design office, KRW 3 million as the down payment to W, and KRW 10 million as the expenses, and was delivered to W, the representative director under the name of the instant company, who is the representative director of the instant company, for the purpose of obtaining permission for the golf practice hall as notified to all the victims.

Around May 2, 2009, the Defendant remitted the total of KRW 12 million from the damaged party, and KRW 30 million from May 27, 2009, the total of KRW 18 million from May 27, 2009. However, the Defendant lent KRW 30 million to I on December 2, 2008 and then received reimbursement from the injured party who was a year of I.

When the victim deposited KRW 400,00,000 on June 9, 2009 and KRW 1.2 million on July 2, 2009 to the account of the company of this case, I appears to have borrowed from the damaged party as the company's operating fund, and the defendant did not borrow from the injured party.

Therefore, even though the defendant did not defraud 51.6 million won by deceiving the victim, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment by finding the defendant guilty of the facts charged in this case.

(2) In light of the fact that the illegal criminal defendant has no record of criminal punishment for the same kind of crime, and supports his spouse and children, the sentence of the court below that sentenced the imprisonment of eight months is too unreasonable.

B. That the prosecutor defendant will use it for a false business

In light of the fact that deceiving the victim and deceiving the amount exceeding KRW 50 million, and the compensation for the damage was not made at all, and the crime was denied and did not reflect it, the sentence of the court below is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts (1) the lower court committed fraud on October 15, 2009.