The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

A. misunderstanding of facts (Fraud) means that the Defendant, at the time of Yangju-si, sold to the victim in installments 150 square meters of E, F, G, and H land (hereinafter “K land”). At the time of receiving the purchase price of KRW 225 million from that time, the Defendant had an intention or ability to perform the contract as stated above, and thus, there was no intention to acquire the purchase price of KRW 225 million.

Nevertheless, the court below found the defendant guilty of fraud on the ground that the defendant has a criminal intent to acquire fraud, and the court below erred by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 2014, the Defendant made a false statement in collusion with B on the charge that “Around February 2014, the Defendant would share K land with D with the inside of Korea, and grant 225 million won with the purchase price to the co-owners D if he/she would transfer the name by dividing the name of 150 of the said K land into 340 square meters.”

However, the Defendant received the purchase and sale price of the land from the beginning and thought to use the land for other projects without being known to D, the nominal owner of the land, and the Defendant was unable to pay the balance of the land of this case due to the lack of sufficient means to obtain any additional loans, so even if he received money from D, he did not have the ability to perform

On May 11, 2014, the Defendant, by deceiving the victim as above, received from the victim the remainder of KRW 30 million from the said E’s land, and received KRW 195 million in the mutual infinite restaurant located in Mandong-dong on June 3, 2014, and received KRW 225 million in total from the purchase price.

Accordingly, the defendant acquired the property of the victim in collusion with B.

B. The lower court’s judgment is based on its stated reasoning.