All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Defendant 1 received a cashier’s check equivalent to KRW 50 million from the victim of mistake of facts from the victim. The Defendant issued the check to H and received KRW 70 million in total, plus KRW 20 million in the construction cost of H from H, as a quarter of the household check under H’s name (each face value of KRW 5 million), and then issued it to D, whichever is KRW 50 million in total.

Therefore, since it cannot be deemed that the defendant could not be viewed as deceiving the victim and had the criminal intent to commit fraud, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts and affected

Dob. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

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

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, the defendant can be found to have obtained 50 million won by deceiving the victim. Thus, the defendant's assertion that there was an error of misconception of facts in the judgment of the court below is not acceptable.

① At the time of receiving KRW 50 million from the victim’s cashier’s checks, the Defendant already owed D an unpaid obligation of KRW 280 million or more with respect to other construction sites.

In other words, there was an objective reason to give priority to the defendant to extinguish the existing debt of the victim's D rather than to extinguish the victim's debt to D.

② There is a fact that D received the provisional coefficient chart in the name of L, which causes five million won at par value at one set of a set from the defendant at the trial in one month, but the defendant has reached an agreement between the victim, the defendant and the D.