The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was actually engaged in a conspiracy, but no profit was made differently from the expected, and thus, he was unable to repay the proceeds and some principal, and there was no fact that he acquired money by deceiving the victims, such as the facts charged.

B. The sentence of unfair sentencing (two years of suspended execution in August, and one hundred and twenty hours of community service) of the lower court is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, it is sufficient to recognize the fact that the Defendant acquired such money from the victims as the facts charged and the intent to acquire them by fraud.

The defendant's above assertion is without merit.

① The Defendant promised to pay the principal and the profits equivalent to 40% thereof to the victims regardless of the success of the contact, even though the Defendant was unable to repay particular property, principal and profits.

② At the time of the instant case, the Defendant promised to offer the victims the lease deposit claim amounting to KRW 20 million double to the victims as security, and the Defendant promised to offer the victims D’s father E’s copyright as security. However, the Defendant had already transferred the above copyright around 201 and could not offer it as security.

B. As to the assertion of unfair sentencing, the Defendant paid approximately KRW 20 million to the victim D before the judgment of the court below was rendered, and the Defendant additionally repaid KRW 5 million to the victim before the judgment of the court below is recognized as favorable circumstances to the Defendant.

However, the victims' intent to punish the defendant is maintained because the fraud of this case is not many, the victim H's damage and the victim D's remaining damage are not compensated, and the defendant's age, character, character, environment, motive, means and result of the crime, and circumstances after the crime are committed.