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The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) The Defendant’s fraud against the victim T is used as the cost of lending the victim T (such as neighboring mortgage creation cost, certified judicial scrivener fee, brokerage fee, etc.) and shall not be included in the amount obtained by deceit. 2) On February 201, 201, the Defendant committed fraud against the victim A, and the victim A had not acquired KRW 12,00,000,000,000,000,000 won prior to the instant case, even if the Defendant acquired KRW 12,00,000,000 won, which was paid to the victim A prior to the instant case, and thus, the Defendant paid KRW 5,00,000,000 to the said owner of each of the above land as the purchase price of KRW 724 and 311,000,000,000,000,000,000 won, including each of the above land.
3) On May 201, 201, the fact that: (a) around May 201, the victim AA purchased four parcels of land in AI, including Echeon-si AJ 1828 square meters; (b) is based on the independent judgment of the victim A with professional knowledge in real estate investment, etc.; (c) is not by deception of the defendant; and (d) the defendant paid KRW 50 million as down payment. (b) The sentence that the lower court rendered on unfair sentencing (the first instance judgment: imprisonment with prison labor for 1 year; and the second instance judgment: imprisonment with prison labor for 10 months is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. According to the evidence duly adopted and examined by the lower court as to the fraud of the victim T, the Defendant may recognize the fact that the Defendant received KRW 20 million from the victim T to each financial institution account on June 30, 201, and KRW 60 million on July 1, 2011. However, there is no evidence to support that KRW 19 million out of the above money was paid as a loan expense as the content of the Defendant’s lawsuit.
Even if there is a change in the defendant's complaint, some of the money is.