The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of all the circumstances at the time of the conclusion of the sales contract on the land and its ground (hereinafter “the instant sales contract”) between the Defendant and the victim of the mistake of the fact, the Defendant had the intent to acquire it by deception in light of the overall circumstances, etc.

Although it cannot be seen, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous by misunderstanding facts and affecting the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. Determination on the assertion of mistake of facts 1) The facts constituting a subjective element, such as the criminal intent of the relevant legal doctrine, are bound to be proven by the method of proving indirect facts having considerable relevance to the criminal intent in light of the nature of things. What constitutes indirect facts having considerable relevance should be based on normal empirical rule, and should be reasonably determined by the method of reasonably determining the link of facts based on the detailed observation or analysis power (see Supreme Court Decision 2000Do1899, Jul. 7, 200, etc.). As long as the criminal intent of defraudation, which is a subjective constituent element of fraud, is not led to the confession of the criminal defendant, it is inevitable to determine by taking into account such objective circumstances as the re-power of the criminal defendant before and after the crime, the environment, the details and details of the crime, and the process of performing the transaction (see, e.g., Supreme Court Decision 2008Do11718, Apr. 9, 2009).

In order to do so, there is not only awareness of the possibility of the occurrence of the crime, but also there is an internal intent to permit the risk of the crime, and whether the offender has accepted the possibility of the crime.