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

Of the facts charged in the instant case, the victim L.

A. In relation to the fraud of the victim of mistake of facts L, the defendant did not directly conclude a contract with the victim L, M, the defendant's spouse prepared a lease contract using the defendant's name, and the defendant was not related to the above fraud, but the court below recognized this part of the facts charged based on L and M's statement without credibility. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. On February 3, 2009, the Defendant: (a) was operating the C Licensed Real Estate Agent Office; (b) was delegated by K, the owner of the building in J, Kimhae-si, with a deposit of one million won for the 5th floor of the above building; and (c) on February 3, 2009, the Defendant was willing to acquire KRW 4 million, the difference by entering into a lease contract with L with the victim and deposit of five million won. In this case, the Defendant and H were able to conclude a lease contract with 5 million won a monthly rent of KRW 1.5 million, and 5 million a monthly rent of KRW 5 million a monthly rent of KRW 1.5 million, and 1.5 million a monthly rent of KRW 1,500,000,000,000,0000,0000,000 won a total of KRW 2.5 million a monthly rent of the same month; and (d) the Defendant received KRW 2,505,000,000 from the Plaintiff.