The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the Defendant’s grounds for appeal (1) as to the fraud against the victim E by mistake, the lower court convicted the Defendant of the facts charged, even though the contract was destroyed as the victim did not perform the contract, and did not defraud money by deceiving the victim, on the ground that the lower court erred by misapprehending the facts.

(2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. On the grounds of appeal by the prosecutor (1) as to the fraud against the victim C by mistake, according to the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged of this case, even if the Defendant, as shown in the facts charged, by deceiving the victim and deceiving the victim.

(2) The lower court’s improper sentencing is too unjustifiable.

2. Determination

A. In light of the circumstances cited in the judgment of the court below as to the Defendant’s assertion of mistake of facts in the “judgment on the Defendant’s and the defense counsel’s assertion” and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below can fully recognize the Defendant’s deception by deceiving the Victim E and deceiving the Defendant KRW 50 million.

Therefore, the defendant's above assertion is without merit.

(1) A witness E of the original trial shall send documents related to the witness's business to verify in the court of the original trial.

In other words, they sent by facsimile.

The defendant examined the above documents by the pre-stock owner who has "10 billion won" and as a result, it became final and conclusive to lend them within several days.

If the contract is not entered into as soon as possible, the money shall be limited to another person.

“At the end,” and thereafter, a written agreement with the Defendant was made and paid KRW 50 million.

After the payment of the loan, the defendant is late.