The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts - The Defendant operating a company C with a fraud against the victim E has a patent technology related to oil smoking that can separate and absorb oil, and was in progress with a sale business using the technology, and the said victim agreed to invest KRW 500 million in the said business that the Defendant proceeds.

However, the above victim's failure to pay only a part of the investment money agreed upon to the defendant and make a proper investment in the remaining money has deteriorated financial standing of the defendant, and the defendant intentionally induces the above victim as stated in the facts charged, and it does not mean that the defendant obtained the above victim's KRW 280 million from the above victim and obtained the above victim's money.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts - The following circumstances revealed by the evidence duly adopted and investigated by the court below - The defendant had a patent technology related to oil smoking in Korea and abroad, i.e., (i) the defendant had concluded a sales contract with multiple domestic and foreign business partners at the time of the defendant's assertion, or there is insufficient specific data to be deemed to have been engaged in the preparation process for such contract; (ii) the defendant's witness M, N, and T only sold a small scale via the Internet except for the record of supplying 5,00 oil smoking parcels to the military unit, and there was little sales at the time, and the defendant paid some of the wages to the employees with the money received from the above victim, but the payment of wages during the service period was constantly delayed; and (iii) the defendant paid investment money to the defendant upon contact with the defendant.