A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Although the court below convicted the defendant of this part of the facts charged even though it did not have any intent to commit the crime by deceit, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The deception as a requirement for a judgment of fraud as to the assertion of misunderstanding of legal principles refers to all affirmative or passive acts that have a fiduciary duty and good faith with respect to property transaction. It does not necessarily require false indication as to the important part of legal act, and it is sufficient if it is the facts that form the basis for judgment in order to enable an actor to perform a disposal act which he wishes to dispose of property by omitting the other party's error. Therefore, in a case where it is recognized that the other party to the transaction would not have been notified of certain circumstances, the transaction has a duty to notify the other party of such circumstances in advance in accordance with the principle of good faith. Nevertheless, the failure to notify the other party of the fact that the other party would misleads the other party, thereby constituting fraud (see, e.g., Supreme Court Decision 2003Do7828, Apr. 9, 2004). In addition, the court below rejected the judgment by the defendant from the point of view of the defendant's loan and the summary of evidence as alleged in the judgment below.