The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the damage suffered by the victim due to the same act as the criminal facts of this case in mistake of facts was about KRW 30 million, the court below acknowledged that the defendant acquired KRW 75 million from the victim by mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too minor.

2. Determination:

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court as to the assertion of mistake of facts, the fact that the Defendant defrauded the ownership of the said house as a down payment under the name of KRW 15 million, an intermediate payment, and KRW 75 million, without the intention or ability to transfer the ownership of the said house to the victim in the state of absence of defect by cancelling all the collateral security of the E-building 401.

The Defendant asserts to the effect that the victim first entered into a contract to purchase KRW 401,25,000,000 for E building No. 401, and paid KRW 75,500,000 for down payment and intermediate payment to the Defendant. After the Defendant’s voluntary auction application of the Korea Credit Union, which was the right to collateral security, was made due to the Defendant’s failure to repay debts, the victim entered into an auction for the E building 401 on the ground of voluntary auction application of the Korea Credit Union, which was the right to collateral security, in consultation with the Korea Credit Union, and paid KRW 25,50,000,000 in total by the Defendant repaid the unpaid loan interest and KRW 155,00,000,000 in total, and acquired the ownership of the E building 401,000,000,000 won. However, the Defendant’s fraud against the victim was merely KRW 30,501,000,000.