The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The lower court found the Defendant not guilty on the part of the instant facts charged, as indicated in the third page of the lower judgment, on the charge of fraud exceeding KRW 10 million as of December 29, 2014 (the fraud of KRW 1 million as of December 29, 2014), and found the Defendant not guilty on the part of the instant facts charged. In so far as the lower court found the Defendant guilty on the remaining crime of fraud in the relationship of a single crime, the lower court did not separately render a judgment on the charge.

On the other hand, the defendant appealed from the judgment of the court below on the ground of mistake of facts and unreasonable sentencing, and the prosecutor did not separately appeal the acquittal portion of the above reasons. The acquittal portion of the reasons based on the principle of no appeal in the principle of no appeal has also been judged in the trial along with the conviction portion. However, the acquittal portion of the reasons has already been relieved from the object of attack and defense

Therefore, the scope of the judgment of this court is limited to the remainder except the acquittal part of the judgment of the court below, and the judgment of the court below on the acquittal part of the reasoning of the court below is not separately determined by the court below.

2. Summary of grounds for appeal by the defendant;

A. The Defendant made an effort to conclude a development project contract of the F Housing Site (A) and the Defendant had the intent and ability to subcontract the above construction project to the victim. Therefore, the Defendant did not deceiving the victim, and the Defendant did not have the intention to defraud the victim.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the court of original judgment served a copy of the indictment and a writ of summons by public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served a copy of the indictment by public notice, etc., and served a trial while the defendant was absent, and sentenced to imprisonment for eight months, and the defendant requested the court of original judgment that became final and conclusive on December 17, 2019 to recover the right of appeal, and the court of