The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the event that the Defendant borrowed money from the victim, the Defendant did not have the purpose and the financial status of the Defendant, and had the intent and ability to sell the apartment.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, even if the defendant received money from the victim, if the victim does not have the intent to pay the apartment contribution by the due date for payment, the defendant will be held liable for the payment of the apartment contribution to the victim and receive the apartment bond 1,000,000 won.

This part of the defendant's assertion is without merit, since it can be recognized that he deceivings 150 million won and defrauds 150 million won.

B. In full view of all the sentencing conditions indicated in the records and arguments of unreasonable sentencing, and the fact that the defendant deposited KRW 110 million for the victim at the original trial, and the victim cancelled the apartment sale contract at the time of the trial, and returned KRW 40 million from the housing association, the sentence of the lower court is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;