A. Defendant 1) As to the fraud against the victim F among the facts charged in the instant case, there was only a fact that K visited the F’s brokerage office and consulted with F, on the ground that K was in a house, and there was no deception of F.

At the time, F had shown the apartment owned by J against the Defendant and K, but the above apartment was complicated with the legal relationship such as provisional seizure, so the Defendant and K have changed to show another house, and the F would be able to contact with K to purchase the above apartment.

The defendant and K are not able to purchase the site due to the shortage of money, and F bears the cost of cancellation of senior provisional seizure, registration of transfer in the name of K regardless of the defendant and K's will while the defendant and K will undertake the sale of the apartment of J at their own expense.

B) As to the fraud against the victimO among the facts charged in the instant case, there was no fact that the Defendant had expressed that it was the head of the QB church at the time, and since theO, which had been in charge of the general affairs of QB church operated by the “AB church, was well aware of the fact that the Defendant had been living in the church due to the given consideration of the above church located in the above church due to the lack of economic circumstances, the Defendant was unable to make a false statement that he would be a head of the church. Furthermore, the Defendant did not receive money other than KRW 200,000 from the victim, and the lower court convicted the Defendant of all of the facts charged in the instant case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment

2) In light of all the sentencing conditions of the instant case of unfair sentencing, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s above sentence is too uneasible and unreasonable.

2. Determination

A. The Criminal Procedure Act of the Republic of Korea is an element of trial-oriented principle to determine the defendant's assertion of mistake of facts.