The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. As to the charge of fraud among the facts charged in the instant case, the Defendant was guilty of this part of the facts charged even though he did not have any criminal intent to defraud the victim at the time of the instant case.

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

2. Determination

A. 1) As to the assertion of mistake of facts, in full view of the following facts and circumstances acknowledged by the court below, including the defendant's legal statement duly adopted and investigated by the court below, as well as the evidence and its evidence, so long as the criminal intent of defraudation, which is a subjective constituent element of fraud of the relevant legal principles, is not the confession of the defendant, it is inevitable to determine by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, process of transaction, etc. before and after the crime. The criminal intent is not a conclusive intention, but a willful intention is sufficient (see Supreme Court Decision 2007Do10416, Feb. 28, 2008). Thus, the court below's judgment that found the defendant guilty of this part of the facts charged is just, and there is no mistake of mistake of facts as alleged by the defendant.

① On October 28, 2015, the Defendant entered into a sales contract with the Victim G G Co., Ltd. and Ansan-si E (hereinafter “instant real estate”) on the following occasions: “The registration of establishment of the right to collateral security, among the rights to registered injury, shall be settled on the balance date, and provisional attachment, seizure, etc. shall be cancelled and cancelled simultaneously with the payment of the down payment out of the purchase price (Provided, That the part of the Credit Guarantee Fund shall be adjusted at the time of payment of the balance and the cancellation of provisional attachment and provisional attachment shall be cancelled within 15 days from the date of the contract)” (the investigation record 12 pages); even if the Defendant received KRW 300 million from the said damage, the registration of the instant real estate shall be seized and seized on the registry within 1