The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor by mistake of facts, the court below acquitted the defendant of this part of the facts charged although the defendant could be found to have fraudulently obtained money by deceiving the victim C, and the court below erred by mistake of facts.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, four years of suspended execution, and 160 hours of community service order) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged [2014 highest 3678] 1] The Defendant deposited the check with the victim’s O agency office operated by the victim C on August 30, 2005, and the victim’s “F and 57,500,000 won per books of our bank (F and 57,500,000 won) at the discount of one copy of the L apartment constructed in the Gyeonggi-si Government.”

“A false statement” was made.

In this regard, Defendant 1 tried to construct the above L apartment with the contributions received from the above L apartment construction association and the sales price for the above L apartment 31 bonds in general, but the partnership did not provide part of the contributions. Since around September 2004, 2004, 2 of the construction company which attempted to construct the same apartment house, but had already failed to sell one house due to the default of 2 of the construction company which attempted to construct the above apartment house. The construction company already repaid 15 apartment bonds to the 15 apartment bonds and was in short of security. From April 2005, the so-called "prevention against the loan of the bonds due to the shortage of the funds" began to be used to raise the construction cost and pay other debts, and the above L apartment house was borrowed from 40 million won on April 20, 2005 to provide the above L apartment 203, 401, 606, 1501, 206, 2005.