The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the facts charged in the instant case by misapprehending the legal principles, the prosecutor issued a disposition not to institute a public prosecution, and the victim filed an application for adjudication with the court on the non-prosecution disposition, but the court decided to dismiss the application for adjudication, the instant

B. The Defendant, at the time of the instant contract, notified the victim of the fact that the area of Gyeonggi-gun E (hereinafter “instant real estate”) was different from that of the registry at the time of the conclusion of the instant contract, and decided to be the subject of the instant sales contract on the four real estate including the instant real estate. As such, there was no deceiving the victim at the time of entering into the instant

C. The sentence of an unreasonable sentencing (six months of imprisonment and two years of suspended sentence) of the lower court is too unreasonable.

2. Determination:

A. As to the assertion of misapprehension of the legal doctrine, the victim filed a complaint against the Defendant by deceiving the Defendant a sum of KRW 37 million and the balance of KRW 37 million in connection with the instant sales contract. The prosecutor recognized the part that the Defendant acquired the down payment amount of KRW 37 million from the victim in the contents of the complaint, thereby committing a crime of fraud, and ordered the Defendant to prosecute the remainder payment, and the court also dismissed the application for adjudication on the remainder payment that the prosecutor made a disposition without suspicion.

Therefore, the defendant's assertion that there was a decision to dismiss an application for adjudication as to the facts charged of this case is without merit.

B. According to the records of the determination of mistake of facts, ① the contract, prepared at the time of the instant sales contract, stated the real estate which was the object of the instant sales contract as “Meng-gun E, building 54 square meters, and site 230 square meters,” and stated “protruding roads are included in the 230 square meters of this registration.”