The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant received KRW 20 million from the victim E, but this is the Defendant’s return of part of the investment amount of KRW 40 million, which is not a delivery by deceiving the victim for the expenses of collection of claims.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant made the same assertion as the mistaken of facts among the grounds for appeal, and the lower court rejected the above assertion in detail by stating in detail the judgment as to the “criminal facts” of the judgment.

In addition to the following circumstances acknowledged by the J as evidence duly admitted and investigated by the court below, the court below is justified in finding the fact that the defendant deceivings the victim and received KRW 20 million in the absence of the intent or ability to conduct the collection of claims, and therefore, it does not err by misapprehending the facts as alleged by the defendant.

Therefore, the defendant's assertion of facts is without merit.

① Since the J does not have any relation with D (hereinafter referred to as “D”) as the witness of the trial party does not have any relation, the J does not have any relation with D (hereinafter referred to as “D”). However, as a space between the Defendant and the same church, he/she is aware of his/her conduct of doping and prepares a written statement and a written statement in the name of the Defendant.

statement is made.

In doing so, J appears to be the statement of a person who has actually experienced since the content is considerably specified, and J also can conduct collection only if the amount to be paid to E is the first 20 million won out of the amount to be paid to E and KRW 100 million is paid.