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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Summary of grounds for appeal;
A. In determining the facts, the Defendant had the authority to do so at the time of entering into a contract for the construction of interior facilities (hereinafter “instant construction”) of the part of the building of Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”) in which the N Housing Redevelopment Association (hereinafter “Redevelopment Association”) was constructed and sold by the victim, and thus there was no deception of the victim since the Defendant had the authority to do so.
B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with the following facts charged in the trial at the court below, and since this court permitted this, the judgment of the court below was no longer maintained.
3. The defendant's assertion of mistake of facts is still subject to the judgment of the court of this case, and the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim stated at the investigative agency and the court of the court that he would pay KRW 100 million to the defendant for the construction of the facility of this case by being awarded a contract from the head of the redevelopment partnership, and would have the right to construct the facility of this case as a security deposit if he want to do so, and at the request of the head of the redevelopment partnership and the head of the group of the group of funds and meal expenses, he stated that the sum of KRW 11.8 billion in the amount of the security deposit and meal expenses was lent to the defendant, but the defendant did not receive a contract for the construction of the facility of this case. ② P, the head of the above redevelopment partnership, which is the head of the group of funds, had completed the construction of the facility of this case on April 208.