A. Fact-misunderstanding ① on December 11, 2014, the Defendant agreed to pay KRW 290 million to the victim J in return for the cancellation of the provisional registration of this case. On the same day, the Defendant paid KRW 290 million to the victim, and at the same time received documents concerning the application for the cancellation of the provisional registration of this case from the victim. On the same day, the Defendant was issued the documents concerning the application for the cancellation of the provisional registration of this case from the victim. On December 12, 2014, separate from the agreement to additionally pay KRW 160 million to the victim on December 12, 2014, the following day, the Defendant did not mislead the victim.

(2) No house shall be used as household affairs.

However, the above agreement shall be null and void as an unfair juristic act, or shall be revoked as an act by coercion. In addition, if the defendant offsets against the amount equal to the claim of KRW 160 million that the defendant shall pay to the victim with the claim for return equivalent to KRW 60 million against the victim, the defendant shall not be paid the amount to the victim. Thus, the defendant's act cannot be viewed as a crime of fraud.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The defendant alleged that the above argument was identical to that of the facts alleged in the lower court, and the lower court rejected the above argument in light of the evidence duly adopted and investigated by the lower court. In so doing, the lower court’s determination is justifiable, and this part of the defendant’s assertion is without merit.

2) The determination of fraud as to the above assertion (2) is made by impliedly deceiving a person, or acquiring property benefits from another person, without any obligation to actively or passively inform the person.