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All parts of the judgment of the court of first instance, excluding the compensation order portion, shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit each of the crimes of this case, and even if each of the crimes of this case was found guilty, despite the fact that the money acquired by the Defendant was much more than the amount stated in the facts charged, the lower court convicted all of the charges of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The punishment of imprisonment with prison labor for three years sentenced by the first instance court (in the case of the first instance judgment, both parties and the defendant in the case of the second instance judgment) is too heavy or uneased, and the imprisonment with prison labor for eight months sentenced by the second instance court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2014No49, which is the appeal case against the judgment of the court of first instance, and the case of this court 2014No944, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be subject to a single sentence within the scope of aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act, so the judgment of the court of
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and it will be judged below.
3. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant: (a) by deceiving the victim G with respect to the construction of the Magyang-si Rental Apartment, and by deceiving the said victim G; and (b) by deceiving the said victim with respect to the construction of the Magyang-dong Commercial Building, Jongno-gu, Seoul; and (c) by deceiving the said victim and deceiving the said victim a total of KRW 150 million from the said victim.