A. In light of the following circumstances, the lower court found the Defendant guilty of each fraud, and thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

1) In relation to the fraud of factory construction cost, the Defendant used most of the money that he received from the injured party for the purchase of land and the construction of a factory, and the Defendant did not acquire it, and the final absence of the construction of a factory was due to the fact that the injured party was demanded to prepare the 300 million won of the non-financial resources during the consultation for the construction agreement with U.S., and thus, at the time of the instant case, the Defendant did not have any criminal intent

2) In relation to the fraud of the cost of building a detached house, the Defendant spent more amount than the amount paid by the victim during the process of purchasing the site, and the cost of building a detached house was also difficult to raise additional funds anticipated by the Defendant due to the victim’s unreasonable demand for raising funds. As such, the Defendant did not have any criminal intent to acquire money.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court rejected the above assertion by providing a detailed statement on the judgment.

In addition to the following circumstances, we affirm the judgment of the court below that the defendant acquired each building cost from the injured party, and there is no error of law by mistake as alleged by the defendant, and there is no error in the misapprehension of facts, such as the defendant's assertion.

1. In relation to the construction of a factory, the Defendant paid to the victim approximately KRW 41,00,000,000 for the payment and the cost of receiving the electric power plant equipment, and paid KRW 10,000,00