The judgment below

Part concerning the 2-B crime, No. 4, 5, and 6 of the judgment shall be reversed.

No. 2-3 of the judgment of the defendant.

1. Summary of grounds for appeal;

A. In order to purchase a land of approximately approximately KRW 5,00 in Busan, Suwon-gu Sylle Park, and to promote a new apartment construction project, the Defendant borrowed KRW 500 million from the victim F as the above project fund to promote the apartment construction project.

The Defendant entered into a land purchase services contract with T in order to promote the said new apartment construction project, and accordingly, T was engaged in the land purchase work with consent from residents from about 80% of the housing owners, and the Defendant used KRW 500 million received from the victim as land purchase services fee and purchase/sale agreement fee, etc. in the process.

However, the above apartment execution project, which was being promoted by the defendant, returned to the failure due to unexpected circumstances such as the introduction of the upper limit system, and accordingly, the defendant's financial standing has become gradually difficult and thus it was impossible to pay the above money to the victim. If the above apartment execution project was implemented according to the plan, the victim could be fully paid the money.

Therefore, the defendant is not a criminal intent to obtain money from the victim as stated in its reasoning.

Nevertheless, the court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in this part of the judgment of the court below, which affected the conclusion of the judgment by misunderstanding the facts.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence (the first crime: imprisonment with prison labor for 1 year and 6 months; the second crime in the holding; the third crime in the holding; imprisonment for 4 months; the second crime in the holding; imprisonment for 4, 5, and 6: imprisonment with prison labor for 8 months) imposed by the court below is too unreasonable.

2. Determination

A. According to the data submitted by the Defendant in the trial of the judgment on the assertion of mistake of facts, the part of the amount received by the Defendant from the victim shall be T and Housing.