The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

Considering the following facts with respect to the criminal intent of mistake of facts and mistake of legal principles, deception and deception, the Defendant had the intent and ability to repay the borrowed money through the sale and purchase of the Incheon Strengthening-gun P and R ground apartment housing (hereinafter “SB”) (Article 1 of the original criminal facts as indicated in the judgment), and since he/she had the intent and ability to repay the borrowed money through transfer of ownership, etc., he/she did not deceiving the victim and do not intend to commit fraud.

① The Defendant purchased an unsold household unit among S Lending, and considered that the Defendant could keep a lot of marginal profits when sold, and the victim could get a lot of marginal profits.

(2) The Defendant completed the completion of an officetel and proposed the victim to transfer ownership to the office of Pyeongtaek-si, but the victim rejected it.

③ At the time of committing the instant crime, the Defendant had sufficient financial resources, such as having a claim for the construction cost on the land container outside the Incheon Strengthening military T&T and five parcels (hereinafter referred to as “satisfy container”).

④ The Defendant made efforts to repay the borrowed amount to the victim by setting up collateral against the U, V, W, X, Y, Z (hereinafter the entire land is referred to as “Siljin-si land”; U is referred to as “Sil Jin-si U land”; and U is a Sil Jin-si U building (hereinafter “Sil Jin-si U building”).

Even if the criminal intent of deception and deception is recognized as to the sum of 12 to 14 million won in the crime log table as indicated in the judgment below, the above money is borrowed after the completion of Pyeongtaek-si officetels, so it should be excluded from the amount acquired through deception.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Paragraph (1) and (2) of the facts constituting a crime in the judgment of the court below is a single comprehensive crime, and the amount of profit is at least 500 million won, so the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as