The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts as to the part of the charge and misunderstanding of legal principles) is as follows 2. A.

At the time of concluding a sales contract with a victim on the land and buildings described in the summary of the facts of prosecution (hereinafter “instant real estate”), the intent was to receive the first intermediate payment as stated in the special agreement and to cancel the registration of collateral security established on the instant real estate.

However, after the conclusion of the above contract, the defendant used the first intermediate payment for his own primary business, etc. due to the unexpected circumstances that could not have been predicted at the time of the contract, and obtained prior understanding from the victim.

Therefore, the Defendant did not deceiving the victim at the time of the receipt of the first intermediate payment as well as at the time of the instant sales contract, nor did he had the intention of defraudation.

B. It is clear that the victim of mistake of facts (not guilty in the grounds) did not pay the first intermediate payment if he knew that the defendant had no intention or ability to cancel the registration of establishment of the establishment of the neighboring real estate established in the instant real estate even though he received the first intermediate payment unlike the terms of the instant sales contract. Therefore, the Defendant’s deception as stated in the facts charged of this case constitutes the basis for determining that the victim would pay the down payment of KRW 80 million at the time of the instant sales contract. Therefore, the causal relationship between the Defendant’s deception and the victim’s payment of the down payment of KRW 80 million may also be recognized. Accordingly, the lower court’s judgment that acquitted the Defendant of the down payment of KRW 80 million is erroneous. 2) The sentence of the lower court of unfair sentencing (one year of suspended execution as of June 1) of the lower court, which is unreasonable.

2. The defendant's assertion of misconception of facts or misapprehension of legal principles is alleged, and the defendant's mistake and misapprehension of legal principles.