The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the circumstances such as the developments leading up to the conclusion of a sales contract, the process of negotiations, the management status of a stock company B (hereinafter “B”), the ability to repay, and the possibility of cancelling the registration of creation of a neighboring mortgage as follows of mistake of facts, the Defendant did not have the intent to deceive the victim or

(1) At the time of June 30, 201, near the date of the instant sales contract, the net asset value of B at the time of June 30, 201 was not bad, and the financial situation was not bad, and the registration of creation of a neighboring mortgage established in the forest of this case could have been cancelled at the level of KRW 100 million.

(2) On September 26, 2011, the instant sales contract was concluded on September 26, 201, and the Defendant concluded a share sales contract with S, etc. on September 30, 201 and retired from the office of B representative director on the same day.

This transfer of management rights and resignation are nothing more than the defendant's cancellation of the registration of the establishment of a new mortgage.

(3) The instant sales contract was concluded with the wind and proposal of the victim, and the said sales contract was executed with the delegation of the exclusive right from the Defendant, and the Defendant did not actively lead or take part in the sales contract.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence on the assertion of mistake of facts, namely, ① the victim proposed purchase from the investigative agency to the court of the lower court to enter into the instant sales contract by proposing the purchase from B, and, at the Defendant’s request, submitted the purchase price of KRW 395 million to the Defendant individual, the Defendant’s personal seal is affixed on the receipt of KRW 50 million, and accordingly, the Defendant’s personal seal is affixed on the receipt of KRW 50 million, and the Defendant’s personal seal will immediately cancel the registration of creation of a new mortgage.