The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The card price of KRW 40 million, which was used by the Defendant and the victim accompanying the Defendant and the victim, must be deducted from the amount obtained through deception of this case.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① The victim would pay the balance of the apartment purchased at the auction if the defendant lends the card price and the loan to his/her own children and transfer the ownership of the apartment to his/her children, or pay the money by selling the studio owned by the defendant.

On the other hand, the defendant stated that he/she would have paid his/her card price and loan instead of his/her credit card price and loan. (2) However, the defendant did not purchase apartment or own studio in an auction procedure, and there was no special property or revenue at the time (an investigation record 1:82 pages), and (3) the defendant argued that the amount equivalent to the card price that he/she attends and uses with the victim in the police should be deducted from the amount of fraud. However, the victim who was under a substitute investigation is merely using the card of the victim while accompanying the defendant, and the victim stated that he/she would have used the card price and loan he/she paid to him/her in full (an investigation record 30 pages). (4) In the meantime, the defendant acknowledged the fact that the victim made a false statement to the prosecutor to have the victim pay his/her card price and loan on behalf of him/her (an investigation record 1:77 pages), even if the victim was actually used with the victim, regardless of the actual use of the credit card price by the victim.