The part on the defendant of the first judgment and the second judgment shall be reversed respectively.

At the time of the first adjudication of the defendant.

1. Summary of grounds for appeal;

A. Of the judgment of the second instance court of mistake of facts, the Defendant’s receipt of the instant officetel’s key to the crime No. 1 (2015Da7436, fraud against the victim C) in the judgment of the lower court is due to the fact that it was necessary to clean the instant officetel prior to the occupancy date, and the Defendant received the key by obtaining the victim’s consent through D through the victim’s agent.

As a result, the reason why the Defendant did not succeed to the loan is that it was impossible to succeed to the loan due to the delayed interest of the loan, and the failure to pay any balance is due to the fact that the Defendant was unable to refund the deposit to be returned.

Therefore, the defendant did not deceiving the victim and did not have the intention to commit the crime of fraud.

B. Each sentence of the lower court on the Defendant of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for six months on the first offense, suspension of execution for two years, and third years on the first offense at the time of the first instance judgment, six months on the second instance judgment, and the second instance judgment: imprisonment with prison labor for four months on the first offense at the time of the second instance judgment, and two months on the second instance) is too unreasonable.

2. Determination

A. Ex officio determination, the defendant filed an appeal against the first and second original judgments, and this court decided to hold a joint trial by combining the above two appeals cases. The first and second original judgments in the judgment of the defendant were sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act in relation to the concurrent offenses under the former part of Article 37 of the Criminal Act in relation to the first and second crimes in the judgment of the court of first instance in the judgment of the court of first instance, the first and second instances in the judgment of the court of second instances, and the second crimes in the judgment of the court of second and second instances in the judgment of the court of second instances.

However, the defendant's assertion of mistake of facts as to the crime No. 1 in the judgment of the second court is still subject to the judgment of the court, and the above ground for reversal is changed.

B. The second instance judgment on the Defendant’s assertion of mistake of facts is duly adopted.