A defendant shall be punished by imprisonment for not more than ten months.

A. The sentence of an unreasonable sentencing decision (ten months of imprisonment) is too unreasonable.

B. (1) misunderstanding of facts) The instant KRW 10 million received from the victim with regard to the fraud against the victim E is not a repayment of the money that the Defendant previously lent, or it is not a defraudation by obtaining the money as the purchase price of the vehicle.

(2) As to the embezzlement against the victim H, the victim asked Damond 50 million won to sell Damond 3. However, the Defendant said that the Damond’s price is uncertain, and the victim said that the Damond’s price was “brupted,” and the victim said that the Damond’s price was “brupted.”

On the other hand, the above Damond's market price was 30 million won or more, and the defendant's notice of such circumstances to the victim that "the victim may sell 30 million won or more" was known to the victim.

The term "assumed" was referred to.

Accordingly, the Defendant sold the said three Damond in total of KRW 26.5 million, unlike the victim initially toldd to the Defendant, alleged that the said Damond price was KRW 50 million, and demanded the return of the Damond or the price of KRW 50 million to change, and the Defendant and the dispute arose, and the Defendant did not pay the Damond price to the victim.

The Defendant did not embezzled the instant multimond.

2. Determination

A. An ex officio determination prosecutor filed an application for changes in indictment with the facts charged in the instant case No. 2012 Highest 7050 (hereinafter referred to as “Seoul Highest 2012 Highest 7050) (hereinafter referred to as “Seoul Highest 2012 Highest 7050), and the subject of the judgment was changed by this court’s permission.

In addition, the above part of the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act with other crimes in the judgment of the court below.

Therefore, the judgment of the court below cannot be maintained in its entirety.

B. Judgment on the assertion of mistake of facts can be made, notwithstanding the above reasons for ex officio reversal.