1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

1. Summary of grounds for appeal;

A. The money that the defendant acquired by mistake of facts through the crime of this case is not KRW 790,550,000,000 which was remitted by the victim to B, but is merely KRW 281,260,000, which was the actual amount received after deducting the purchase of loan tools, new and reloan costs, and other expenses incurred in the Gu account separately operated by B.

Nevertheless, the court below recognized the money acquired by the defendant through the crime of this case as KRW 790,550,000. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, fraud is established when a crime is established by deceiving another person to deliver property or acquiring pecuniary benefits based on the defective intent resulting from the deception, and its essence is the acquisition of property or pecuniary benefits by deception, and there is no need to actually cause property damage to the other party.

In the case of fraud involving the taking of property, if there is a delivery of property due to deception, the act itself constitutes a crime of fraud by infringing on the victim’s property, and the payment of reasonable cost was made.

shall not cause any damage to the entire property of the victim.

Even if the crime of fraud does not affect the establishment of the crime of fraud, even if the price has been partially paid, the acquired amount shall not be the difference between the value of the property given from the victim and the value of the property received.

(See Supreme Court Decisions 95Do203 delivered on March 24, 1995 and 2000Do1899 delivered on July 7, 200, etc.). The following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant’s principal and interest of loans twice to the victim who intends to purchase existing loan funds.