A. Although it is true that a mistake of facts regarding the part of fraud was paid by the victim D with KRW 30 million as a house purchase fund and did not use it as a house purchase fund, the defendant is merely a waiver of house purchase because he did not recover the proceeds of the construction project that was conducted at the time. Furthermore, since the above amount was paid to the defendant voluntarily by the victim with the victim's house living together with his father, it is difficult to see that the defendant had a criminal intent to defraud the above amount, the judgment of the court below which recognized this part of the fact of construction has erred by misapprehending the fact and affecting the conclusion of the judgment.

B. The sentence of the lower court against the Defendant of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly examined and adopted by the court below, namely, (1) the victim D provided the defendant with the purchase fund of KRW 30 million to the defendant that he purchased her house with C while his father, his father, her father, was living together with C; (2) the defendant entered into an apartment sale contract with the victim after receiving KRW 10 million as the contract deposit from the victim; and (3) the defendant received the remainder of KRW 5 million from the victim and the employees of the office of sale in the C after the C after the end of the contract; and (4) the payment deadline for the intermediate payment was until June 20, 2008; and (4) the defendant received the remainder of KRW 1,000,000 from the victim on June 12, 2008, with the payment deadline of KRW 1,000,000,000 from the victim on June 12, 2008; and (5) the defendant exchanged the remainder of the check with KRW 171,375 million.