The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five hundred thousand won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. 1) Since the Defendant obtained the consent of the victim G in fraud and transferred the marina (hereinafter “the instant marina”) recorded in the facts constituting the crime as indicated in the judgment below, the Defendant did not deceiving the victim and defraud the instant marina (hereinafter “the instant marina”).

2) Since the Defendant borrowed money from the victim Q Q in fraud, which was held in the judgment of the court below, from the victim of the crime of fraud, the amount is KRW 20 million, and the Defendant provided sufficient security therefor, it does not mean that he acquired the money.

B. The lower court erred by misapprehending the legal doctrine on the crime of assault as indicated in the judgment below, thereby preventing the Defendant from destroying the entrance and exit doors of the Defendant.

Therefore, the defendant's act constitutes a legitimate act or a legitimate defense.

(c)

The punishment of the lower court (one year and two months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below as to the crime of fraud against victims G in the judgment below, the defendant could sufficiently recognize the fact of deceiving the victim as stated in the facts of the crime in the judgment below and deceiving the victim.

1) According to Article 4 of the instant marina agreement entered into by the Defendant and the victim, the Defendant cannot transfer or sublease the instant marina to another person until the payment of the purchase price is made, and the consent of the transferor is required where the store facilities are transferred to another person as security.

Since the victim believed that the defendant would comply with the above special agreement, it seems that he had the defendant deliver and operate the instant marina prior to the payment of all the transfer proceeds.

2) On March 1, 2016, when the Defendant offered the instant marina to N as security on March 8, 2016, from March 1, 2016, the date on which the purchase and sale contract was prepared, the Defendant was registered as a business operator of the instant marina.