The defendant is a crime of No. 1, 3, or 4 of the first instance judgment.

A. misunderstanding of facts (limited to the first judgment) 1) “The fact that the Defendant received KRW 40 million from G to the corporate account of the Co., Ltd. Co., Ltd. Co., Ltd. in the case of “2013 Go-Ma1929” and the amount of KRW 20 million on May 23, 2012, which was transferred from G to the corporate account of the Co., Ltd., was known to the Defendant on May 23, 2012 and the fact that the amount of KRW 20 million was sold from the victim at the time, and there was no criminal intent to commit fraud. 2) “The fact that the Defendant received KRW 80 million from the defrauded of the 2013 Go-Ma254 case of “the amount of money acquired” as the total purchase price of KRW 170 million from the victim, but the victim paid KRW 80 million as the purchase price of the partnership, and the Defendant did not have received it.

3) The reason for appeal, which is common to the facts charged in the first instance trial, was that the apartment construction business of each regional housing association, which was executed by the defendant, was a project which was normally conducted, but was discontinued due to the unforeseen circumstances, and did not induce the victims from the beginning as to whether the victims could not sell the apartment normally or could not repay the borrowed money, or by deceiving them from the beginning. (B) The punishment of the lower court of unfair sentencing (the first instance judgment of the first instance court: imprisonment for 2 years and the second instance judgment of the first instance court of the first instance: Imprisonment for 6 months and the second instance judgment of the second instance: imprisonment for 6 months: imprisonment for 6 months or more.

2. Judgment on the assertion of mistake of facts

A. According to the lower court’s witness G and H’s respective statutory and prosecutorial statements on the defrauded amount of the case of “2013 Godan1929”, it is recognized that G delegated the right to sell apartment buildings as stated in this part of the facts charged that the Defendant is unable to sell normally to G, thereby concluding a sales contract with the victim, and immediately transferring 40 million won in the name of the down payment received from the victim to D corporate account operated by the Defendant.

Thus, the defendant can sell apartment units to the victim normally through G.