The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, AC.

1. Summary of grounds for appeal;

가. 피고인 1) 사실오인 가) 원심 판시 제1항 기재 범죄사실 (1) 별지 범죄일람표 순번 2, 8 피고인은 피해자 B으로부터 잣밭 임차료 명목으로 돈을 받은 것이 아니라 단순히 돈을 차용한 것이이므로 위 피해자를 기망한 사실이 없다.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous.

(2) 별지 범죄일람표 순번 3, 5 피고인은 피해자 B으로부터 받은 돈을 실제로 BH, BI으로부터 잣밭을 임차하는 데 사용하였으므로, 위 돈을 편취한 사실이 없다.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous.

(3) Attached Table 9 No. 7 million won was paid to G on March 9, 2016. This part of the facts charged is substantially the same as [Attachment Table 4] No. 4.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous.

B) The criminal facts stated in paragraph (4) of the judgment of the court below stated in paragraph (4) of the judgment below are as follows: (a) the Defendant heard from AB the phrase “it is necessary to pay 16 million won for the standard extraction cost; and (b) changed the victim B to 15 million won; and (c) it was reasonable labor cost. Even if the Defendant personally borrowed 4 million won from AB the above 15 million won from AB, the Defendant could not be deemed as deceiving the victim. Nevertheless, the judgment of the court below convicting the Defendant of this part of the charges is erroneous in the misapprehension of facts. (c) The criminal facts stated in paragraphs 5 and 6 of the judgment of the court below which found the Defendant guilty of this part of the charges: (a) although the Defendant had the victim AC and AE recovered the standard, the Defendant did not have any intent or ability to pay labor cost from the beginning, but (c) the victim AC did not have any intent or ability to pay labor cost to the victims.