The defendant's appeal is dismissed.

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant was aware from D Park’s staff that it is possible for the Defendant to immediately change the business category of the second floor of the E building in the park, suggested to I the new project of the E-tho water leakage range, and received money from I as a comprehensive consulting cost. It was not true that I obtained money from I in the name of the investment fund, as he did not obtain permission for the change of business type, as he did not receive money from I in the name of the investment fund.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the illegal defendant committed the instant crime in a planned manner, the sentence of the lower court, which sentenced the two-year suspended sentence and the order to observe the protection in August, is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant did not establish a crime of fraud or did not have any intent to commit fraud, as alleged in the grounds of appeal.

The lower court asserted that ① the Defendant believed the horses of the operation of the D Park and proposed a proposal related to the change of the type of business to the victim I. However, even according to the Defendant’s assertion, the Defendant stated that he was able to obtain permission for the change of the type of business by holding an interview with the V division only, and that the head of V was entitled to change the type of business immediately so that he/she can change the type of business.

There is no evidence to see, and there is no procedure that the defendant would receive a promise in writing, and ② The D Park permitted the use of public property to occupy coffee specialty, and the sale of spins and spins excluding coffee specialty violates the profit purpose, so it is not possible to permit it, and eventually, the victim cannot sublet it into the public property, and eventually the E is the category of business of the second floor of the building.