The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the mistake of facts (the part of the crime) and the fraud of 9 million won against the victim C, the Defendant borrowed 9 million won from the victim C, but this is not a loan due to the lack of intermediate payment, but a personal loan was required for expenses, and there was no intention to commit fraud. In relation to the fraud of 37.8 million won against the victim'sO, the Defendant did not deceiving the above victim as stated in the judgment of the court below, but did not deceiving the victim of the real estate after introducing the victim'sO, and the receipt of the money was only received from S as the repayment of the above victim's credit, and there was no intention to obtain the money. 2) The punishment of imprisonment for eight months sentenced by the court below on unreasonable sentencing is unjust.

B. The prosecutor 1) misunderstanding of facts (not guilty part) victim C had the intent to invest in the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of

2. Judgment on the prosecutor's assertion of mistake of facts

A. On February 27, 2010, the summary of the facts charged stated that “If the Defendant invests KRW 50 million in the right to sell the D Apartment 534 Dong 904, 904, the Defendant would distribute half of the proceeds through the resale of the right to sell the apartment,” at the V real estate office where the victim C was working in the D Apartment 2 district in Eunpyeong-gu Seoul Metropolitan Government.

However, it is true that the victim has invested money.