A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. In misunderstanding of facts, the Defendant entered into a sales contract with the victim D with delegation of sale from the owners of H and I land, and was able to carry out the registration of transfer of ownership as agreed upon by the victim, and the victim was also aware of such circumstances.

However, owners have failed to cooperate in the procedure such as transfer of ownership while demanding the price of the entire land.

In addition, the defendant has sufficient financial ability, and there was no intention to commit fraud by using KRW 100 million received from the victim as costs of permission for development activities.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is 1) The deception as a requirement for fraud means any affirmative or passive act that has a good faith and sincerity to be followed by each other in property transaction. Of these passive acts, deception by omission refers to the passive act that a person subject to legal duty of disclosure does not inform the other party of the fact despite being involved in a certain fact. If it is evident that the other party would not have been aware of the fact in light of the empirical rule of general transactions, if it would have been evident that the other party would not have been aware of the fact, it is legally obligated to notify the fact in light of the good faith principle (see, e.g., Supreme Court Decision 2009Do5093, Jul. 22, 2010). In addition, the criminal intent of defraudation, which is a subjective constituent element of fraud, should be determined lawfully by taking into account the objective circumstances such as the defendant’s re-age, environment, content of the crime, process of transaction, relationship with the victim, etc. (see, e.g., Supreme Court Decision 2013Do202).).