A. The defendant is not guilty of deceiving the victim.

B. The punishment of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) Determination on whether a certain act constitutes a deception that causes a mistake of others, and whether such deception and property disposal act are related to the other party’s knowledge, character, experience, occupation, etc. should be made generally and objectively by taking into account the circumstances of transaction, the other party’s property disposal and the other party’s act at the time of the act. In a case where the Defendant’s act causing such property disposal was conducted under close relation with the Defendant’s business failure or performance, based on the Defendant’s financial power and credit status, etc., the existence of the relationship with the deceptive act or the other party cannot be determined solely on the basis of the victim’s financial power and credit status, etc., and the judgment of the court below should be made generally and objectively by taking into account all the circumstances such as the victim’s relationship and the Defendant’s awareness and involvement in the pertinent business, the degree of the victim’s awareness and involvement in the relevant business, the specific circumstances in which the victim had property disposal in relation to the pertinent business, the victim’s experience and occupation, etc. (see Supreme Court Decision 2011Do829).

① On May 21, 2012, the Defendant entered into a contract with V to purchase at 1.6 billion won the instant land from B and C (hereinafter “instant land”) and paid KRW 300 million as the down payment.

The Defendant, as at the time, was unable to prepare the purchase price only by his own own funds, was appropriated for the money that he lent to another person to transfer part of the instant land to another person.

② The Defendant thereafter, to F (hereinafter referred to as “F”) of a limited company with the foregoing land.