A. The judgment of the court below which recognized the establishment of a crime of fraud by mistake of facts, although the defendant had not acquired money as stated in paragraph (1) of the crime committed in the judgment below, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant is required to pay taxes, etc. to the victim E by receiving a favorable judgment on the F forest land in Ansan-dong-dong-si around February 7, 2014.

If a person lends KRW 20 million to another person, he/she will register the establishment of the first priority political party in the forest above.

In the phrase, “the victim had a new text of the self-resolution decision on November 21, 2013 regarding the forest as above to the victim.”

However, on February 19, 2014, the Defendant did not intend to establish a right to collateral security for the said forest land to the victim even if he/she borrowed money from the damaged party, such as registering the transfer of ownership of the said forest land, from the Defendant’s wife around February 19, 2014 without setting up the right to collateral security.

Accordingly, the Defendant, as seen above, was accused of the victim and was given a cash of KRW 20 million from the victim.

In relation to the “Defendant’s and counsel’s assertion”, the lower court rejected the Defendant’s assertion on the following grounds: (a) recognized the establishment of a crime of fraud against the Defendant; and (b) rejected the Defendant’s assertion on the following grounds: (c) under the separate title of the “determination on

2) In full view of the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just and acceptable, and contrary to the allegations of the defendant.