The defendant's appeal against the first instance judgment is dismissed.

The second original judgment shall be reversed.

The defendant is the second instance court.

1. Summary of the grounds for appeal;

A. (1) At the time of conclusion of the instant sales contract by mistake of facts, the Defendant could transfer the ownership of the instant building and the name of the building permit to the victim at the time of conclusion of the instant sales contract, and there was no criminal intent to defraudation. Therefore, there was no crime of fraud as to KRW 1.85 million, which the Defendant received from the victim as the price for land sale in accordance with the instant sales contract, and as long as the instant sales contract was not concluded by deception, there was no crime of fraud as to KRW 100,000,000,000 paid by the victim to T even though it was not established by deception, there was an error of misunderstanding of facts and misapprehension of legal principles in the first instance judgment recognizing the establishment

Even if the instant sales contract was concluded by deception, the victim paid KRW 100 million to T is arbitrarily paid without the consent of the defendant, so even though it cannot be deemed the money obtained by deception of the defendant, the judgment of the court of first instance that recognized the establishment of fraud is erroneous in matters of mistake of facts and misapprehension of legal principles.

The sentence of imprisonment (one year and six months of imprisonment) imposed on the defendant by the first instance court of unfair sentencing is too unreasonable.

B. The sentence sentenced by the second instance court to the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In the first instance court of first instance, the Defendant had the same assertion as the grounds for appeal in this part, and the first instance court rejected all of the above arguments by stating in detail the Defendant’s assertion and judgment.

The judgment of the first instance court is closely examined in comparison with the relevant legal principles and the evidence, and the following facts and circumstances that can be revealed by the evidence duly examined and adopted by the first instance court and the first instance court.