The guilty part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. misunderstanding of facts (the fraud against the victim M) revealed to the victim M the existence of the right to collateral security obligation.

In addition, when each household is leased after the defendant and the defendant progress the construction work at their own expense, the victim M has agreed to receive the construction cost as the lease deposit. However, due to the detention, etc. of the defendant, it was not paid in full due to the failure of the business and there was no fact of deceiving the victim.

B. Each sentence imposed by the court below against the defendant is too unreasonable and unfair.

2. We examine ex officio the judgment of ex officio, and the defendant filed an appeal against the judgment of the court of first and second cases and decided to hold a concurrent trial. Each of the crimes of the court below first and second shall be sentenced to one punishment within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the conviction part against the defendant and the judgment of the court of second and second in the judgment of the court of first instance cannot be exempted from all reversal.

However, the judgment below has the above reasons for ex officio destruction.

Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.

3. Judgment on the assertion of mistake of facts

A. On January 16, 2013, the summary of the facts charged in this part of the charges states that “The Defendant would pay the price for construction by receiving the deposit for the lease of multi-household housing after completing remodeling works for 7 households located in Y-gu, Y-gu, Y-gu, Y-si, Y-si, Gyeonggi-si.” to the victim M (hereinafter “victim”) at the F real estate office located in Dong-gu, Y-gu, Y-gu, Gyeonggi-si.”

However, in fact, since the above G building has already been set up a lot of collateral security, it is even if the remodeling work is completed.