A defendant shall be punished by imprisonment for not less than one year and five months.

A. Defendant 1) In spite of the absence of the fact of deceiving the victim G or M, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the original judgment that convicted the defendant about the fraud of the above victims, which was sentenced to an unfair sentencing judgment. 2) The sentence of imprisonment (one year and four months of imprisonment) imposed by the lower court is too unreasonable.

B. Prosecutor 1) As to the fraud of the victim D among the facts charged in this case of mistake of facts, even though the defendant had sufficiently recognized that the above victim had taken advantage of the down the lease contract of this case by deceiving the victim and by deceiving the victim again, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the judgment of the court below which acquitted the defendant. 2) The sentence imposed by the court below on the defendant is too unfeasible and unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court below as to the Defendant’s assertion of mistake of facts, the Defendant could sufficiently recognize the fact that the Defendant, as stated in the judgment of the lower court, deceiving the victim as a down payment, by remitting the amount of KRW 10 million from the victim under the name of the down payment, and by remitting the amount of KRW 65 million under the remaining name. Therefore, the lower court’s findings of fact and judgment are just and there is no error of law as pointed out by the Defendant, and the Defendant’s assertion is not accepted. (1) There was no error of law as otherwise alleged in the Defendant’s mistake of facts. < Amended by Presidential Decree No. 24170, Jul. 29, 2013; Presidential Decree No. 24675, Jul. 29, 2013; Presidential Decree No. 2457, Jul. 30, 2013>