A. Fact-misunderstanding ① In relation to the crime against the victim H, the fact that the Defendant was unable to complete the 5 unit of the instant electric source house from March 2014 to March 2014 as originally agreed, was due to the fact that the construction business operator E, in charge of the construction of the instant electric source house, did not unilaterally suspend the progress of construction work between the Defendant and the Defendant due to the payment of the construction cost, and the Defendant did not deceiving the victim H with the criminal intent of defraudation, and did not receive KRW 100 million as the sale price. ② With regard to the crime against the victim L, the Defendant was merely borrowed money from the victim, but did not receive KRW 20 million by deceiving the victim with the criminal intent of defraudation.

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

2. Determination

A. 1) Determination on the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court based on the following facts, insofar as the criminal intent of defraudation, which is a subjective constituent element of the relevant legal doctrine, is not the confession of the Defendant, such as the Defendant’s financial history, environment, details of the crime, and the process of transaction, etc., before and after the commission of the crime. The criminal intent is sufficient not on conclusive intent but on willful negligence (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 207Do8726, Aug. 21, 2008).

A) The Defendant, along with Q and Investment U, etc., jointly engaged in construction business, such as housing development, housing lease, etc. (the practical business was conducted under the lead of the Defendant). On October 2012, the Defendant contracted the construction of the entire housing unit 13 units (hereinafter “instant housing”) to the constructor E in order on the land outside C and six lots outside C in order.

B) E is the instant house by the Defendant.