The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

A. (In the facts charged in this case of mistake of facts, as to the fraud against the victim C) The Defendant around April 2012, the Defendant (as to the fraud against the victim C of the facts charged in this case), M2406 Dong-dong 1403 (hereinafter “the apartment of this case”).

(2) On December 1, 2012, upon receipt of a request from L to return approximately KRW 45 million in borrowed money from L, the Defendant sold the apartment house of this case to L and returned the said money. (2) On January 4, 2013, the Defendant entered into a sales contract for the apartment of this case with the introduction of pro-Japanese R, and received KRW 46 million from C. At that time, the Defendant had the victim C as to the apartment of this case and received KRW 110 million from the victim. At that time, the Defendant was not only the victim of this case, but also the amount of KRW 10 million in the lease deposit, which was the amount of KRW 10 million in the loan of this case, and the amount of other collateral security was not at issue because the collateral security loan of this case was established with the amount of KRW 100 million in terms of joint collateral security, and there was a unpaid national tax, and thus, the Defendant decided to sell KRW 235 million in the amount of KRW 800,000.

3) Of the above purchase price of KRW 180 million, the Defendant directly received KRW 40 million from the victim C, and KRW 100 million out of the remainder KRW 140 million, the Defendant succeeded to the amount of KRW 100 million against the new bank, which is a collateral security, to the victim C, and the remainder KRW 40 million out of KRW 110 million out of the deposit amount of KRW 110 million shall be borne by the victim C (the remainder of the deposit of KRW 70 million out of the deposit amount, the Defendant decided to return directly to the lessee (the remainder of the deposit of KRW 70 million).

(4) As the Defendant clearly notified the victim of the right to collateral security, etc. established on the instant apartment, the Defendant was guilty of this part of the facts charged, even though he did not have any intent to commit deception and deception. The lower court did not err in its judgment.