The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

The court's scope of trial in this court judged not guilty (not guilty in the grounds) as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is the primary charge, and found the defendant guilty as to the fraud which is the ancillary charge. The defendant and the prosecutor filed an appeal only for the guilty part of the judgment of the court below. Although the acquittal part in the grounds also belongs to the scope of trial in the trial due to the judgment of the court, the judgment of the court below is exempted from the object of attack and defense between the parties, and it does not seem to be matters to be deliberated and determined ex officio.

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (six months of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, in light of the circumstances of the crime by deceiving the victim, even though the defendant did not have the intent or ability to transfer the ownership of the commercial building after the defendant repaid his/her debt to the victim, and by deceiving the first real estate owned by the victim through the exchange contract with the commercial building. The crime of this case is not easy in light of the circumstances of the crime, and the defendant again committed the crime of this

On the other hand, the defendant recognized the crime of this case late after the trial and divided it into depth. The amount of profit actually acquired by the defendant as a result of the sale of the real estate in the auction procedure seems to be only KRW 60,000,000,000 for the victim, and the crime of this case in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of this case in violation of the judgment of the court below which became final.