The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. Summary of grounds for appeal;

A. (1) As to the fraud against the victim B, the Defendant entered the instant Mart and Mart clubs acquisition case with the victim B, and the victim B invested in accordance with his/her own intent, and the Defendant’s investment in money to acquire the Defendant’s Nart clubs but the business was not run inevitably. Therefore, there was no intent to commit deception or fraud.

(2) As to the fraud against the victim F, it was true that the victim F created a collateral security right in the future to the commercial building owned by the defendant's deception. However, since the above commercial building goes beyond auction and received dividends from G is KRW 22,959,130, the damages suffered by the victim F due to the instant deception are merely KRW 22,959,130,000. Accordingly, the amount of damage amount as stated in the facts charged cannot be acknowledged.

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

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor filed an application for amendment to a bill of amendment with the purport that “125 million won” in the end of the last sentence of the charge in the case of the 2017 highest order of 2683 case was changed to “85 million won” at the end of the last sentence of the charge, and the judgment of the court below was no longer maintained as the case was changed to the subject of the judgment upon permission by this court.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

3. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court of Paragraph (1) of the crime committed against the victim B, namely, ① the Defendant consistently admitted this part of the facts charged at an investigative agency and a court of the lower court, and submitted the statement of reasons for appeal in the first instance court, and reversed it to the victim B.