The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. In the event of termination of a lease agreement on the extension of tax in Korea with the victim, the Defendant received a security deposit from another lessee and used the security deposit from the victim.

Since then, M has also taken over the obligation to return the deposit to the victim while transferring the private building to M., M has also fulfilled its obligation.

In other words, the defendant did not have a criminal intent to acquire security money from the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. The following facts are acknowledged by the record of the instant assertion of mistake of facts: (i) around August 2008, the Defendant entered into a contract to purchase the instant friendship or building from P with the purchase price of KRW 520 million; (ii) the Defendant paid KRW 480 million out of the purchase price to a loan secured by the said building; (iii) the nominal owner of the said loan was also H; (iv) the Defendant was also a nominal owner of the said loan; and (iii) the Defendant was unable to prepare expenses related to the sale of the instant friendship or building (the Defendant is the balance of the purchase; P was the registration fee; and) the Defendant was not able to complete the registration of ownership transfer of the instant friendship or building until the transfer of the instant friendship or building; and (iv) the Defendant was to receive KRW 140 million from the victim’s loan or construction cost until the purchase price was paid; and (v) the Defendant was to receive KRW 300,000,000 from each of the instant construction cost and KRW 3600,00,00,000.