The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged on the ground that, even though the Defendant did not have any intent or ability to obtain a letter of loan guarantee of KRW 120 billion from the first financial right, as if he had such intent or ability, he belongs to E and obtained KRW 100 million from the victim and obtained it by fraud.

However, for the following reasons, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, since it cannot be deemed that the defendant was unaware of E at the time of the instant case, and that there was no criminal intent by deceiving the defendant.

① If the victim could prove directly or indirectly his/her right to the F building in Busan Jin-gu (hereinafter “instant building”), it was not impossible for the Defendant to issue a loan guarantee in the first financial right.

The reason is that the defendant did not receive a letter of loan guarantee in the first financial right because he did not prepare documents required by E.

② The Defendant believed it to mean that “E has confirmed that it will issue a loan guarantee in the first financial right.”

③ Before entering into the instant contract with the victim on the facts charged, the Defendant examined the instant building in various respects, and the Defendant has expert knowledge and ability to issue a letter of loan commitment.

④ As to the experience of the Defendant issued a letter of loan guarantee prior to the instant case, there is a disagreement between the contents written in the written opinion submitted by the defense counsel of the lower court and the Defendant’s legal statement in the lower court. However, this is merely due to communication problems between the Defendant and the defense counsel of the lower court

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

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