Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

, however, the defendant.

A. Regarding the facts of each fraud against Defendant A (A) victim O and W, Defendant A thought that the acquisition and completion of the new apartment construction of this case by gathering investment attraction was easy, and the contract was concluded by the person who has the right to the said construction, and the project was not carried out properly because the promised investment money was not invested, and the money received from the victims was also used for business, and there was no criminal intent to obtain fraud.

B) Of the funds contributed by the victim O and W, the funds used regardless of the instant project should be excluded from the amount obtained by fraud.

Nevertheless, the judgment of the court below which convicted the defendant of fraud against the victim'sO and W is erroneous in the misapprehension of facts.

B. The punishment of the court below (the punishment of 10 months for the crimes of 8 months, No. 2 and No. 3 in the holding) is too unreasonable.

B. Defendant B’s punishment (eight months of imprisonment) is too unreasonable.

(c)

Although it is possible to specify the amount of damage through the amendment of indictment, the judgment of the court below which acquitted the defendants on the fraud that the defendants acquired 32,892,416 won by using the credit card in the name of the victim's father-A, because the result of the submission of financial transaction information and the amount of the crime did not coincide with that of the 2nd list of crimes, and there is a lack of evidence to specify the amount used by the defendants.

Shebly unfair sentence of the court below is too uncomfortable and unfair.

2. Judgment on Defendant A’s assertion of mistake of facts

(a) The criminal intent of defraudation, which is a subjective element of fraud, is not the confession of the defendant.