The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In operating the G Co., Ltd. (hereinafter “G”), the Defendant, who is a planning real estate company, sold part of the instant land to the victims when concluding a sales contract with the right holder and paying the down payment with respect to J and I land (hereinafter “instant land”). The Defendant anticipated that the sale of the instant land will be completed prior to the remainder payment date of the instant land, and even if the sale price is half, the Defendant could pay the remainder of the purchase of the instant land.

However, unlike the expected sale price, the remainder of the land of this case was not paid on the remainder payment date.

In addition, G was likely to dispose of the land at the time of Incheon and pay the balance of the land of this case by disposing of the said land.

However, it is difficult to transfer the ownership of the land of this case to the victims because it is no longer difficult to sell the land of this case due to the wind on which some of the two parts of the lands are filed by the defendant.

On the other hand, the victims have a value of investment being well aware that they sell the land of this case under the condition that the defendant paid down payment only while serving as the business employees of G.

It is self-determination that part of the land of this case was sold in lots.

Therefore, there was no fact that the defendant had deceiving victims, and there was no intention to commit the crime of defraudation by the defendant.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

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

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, the Defendant and the joint Defendant B of the lower judgment jointly committed the instant case.