The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, on April 2017, remitted the amount of KRW 1,00,000 to the victim as the lease fee, and KRW 3,00,000 on March 28, 2018, respectively, and only KRW 15,691,423 (= KRW 19,691,423 - KRW 4,00,000), which shall be recognized as the money by deception. Nevertheless, the lower court erred by misapprehending the fact that the lower court recognized the total amount of KRW 19,691,423 as stated in the instant facts charged, and thereby adversely affecting the conclusion of the judgment. 2) The sentence of imprisonment for five months, which was sentenced to unfair sentencing, is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. 1) Determination of the defendant's assertion of mistake of facts 1) In a case of fraud of which the content is property taking advantage of deception, if there is an economic ability to take over a kimchi factory operated by the defendant operation of the victim or bear a high-priced automobile lease fee, which is caused by the infringement of the victim's property, and even if there was no considerable price or damage to the whole property of the victim, the crime of fraud is established. Therefore, even if the price has been partially paid in a crime of fraud, it is not the difference between the value of the property given by the victim and the value of the property that has been deducted (see, e.g., Supreme Court Decisions 95Do203, Mar. 24, 1995; 200Do1899, Jul. 7, 200).