A. Fact-misunderstanding 1) On January 201, 2010, the Defendant was guilty of fraud against the victim D. Of the facts charged in the instant case, the Defendant was able to normally perform the land development project in Gyeyang-gu E-gu, Gyeyang-gu, and to pay the F with the brokerage commission. However, the Defendant was unable to pay the money because the development project was separated due to unexpected causes, and the Defendant was unable to receive the brokerage commission, and the Defendant did not have the intent to obtain the money.

2) Among the facts charged in the instant case, the Defendant committed each fraud against the victim M and believed that N would normally proceed with N’s land development project and received investment funds from M., and the Defendant did not have the intention of defraudation.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant makes a confession. The crime of fraud is also established by willful negligence. As the subjective element of the constituent element of the crime, willful negligence refers to the case where the possibility of the occurrence of the crime is uncertain and it is acceptable in light of the subjective element of the constituent element of the crime, and doluence

In order to do so, there is not only awareness of the possibility of the occurrence of the crime, but also there is a internal intent to allow the risk of the crime. Whether the offender allowed the possibility of the crime, or not, depends on the statement of the offender, but also on the basis of specific circumstances such as the form of the act and the situation of the act that is externally revealed, it is possible to assess the possibility of the crime in question if the general public is based on the specific circumstances.