The judgment of the court below is reversed.

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

Of the facts charged in the instant case, the victim K.

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. misunderstanding of facts as to the fraud against the victim: (a) the wife of the defendant, the truster of the Hanam-si F and the Ro-ground row housing (hereinafter “G building”) could freely dispose of the G building without the trustee’s consent; (b) the defendant could not be deemed to have committed a crime by deceit because he provided sufficient security to D, such as that the security value of the G building 102 and 105 offered to D exceeds the secured amount; (c) the defendant could not be deemed to have committed a crime by deceit; and (d) as to the fraud against the victim K, the defendant and H could not be leased the trust property without the trustee’s consent. On the other hand, the victim K, who is engaged in the real estate brokerage business, was aware that the security trust was established in relation to the 102 subparagraph of the G building, which is the leased object, was aware that there was a real estate trust agreement, and thus, the defendant and H had deceiving the victim.

It is difficult to view that there was a criminal intent to acquire the lease deposit from the victim.

B. The lower court’s sentence (one year and six months of imprisonment) against the Defendant on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination of misconception of facts as to the fraud against victim D

A. In full view of the evidence duly admitted and examined by the court below, it is recognized that the defendant, even if the defendant borrowed money from D, he was unaware of D as if he had such intent or ability even though he did not have any intent or ability to repay it, and furthermore, if he provided D with a sales contract for the items 102 and 105 of G building as security and fails to repay each of the above borrowed amounts, he could have completed the registration of ownership transfer pursuant to each of the above sales contracts.

The detailed reasons are examined in each of the following subparagraphs:

(b) deceit each of its intent and capacity to effect performance;