The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of mistake of facts paid the intermediate payment and the balance in late installments and appropriated it for other expenses because it is difficult to cancel the right to collateral security with other expenses. Other sales contracts that were in progress at the time were not sexual intercourse, and there was no criminal intent to cancel the victim’s right to collateral security. The victim cannot be deemed to have been mistaken by mistake because he was working for the company operated by the defendant, and he was aware of the circumstances of the victim or the progress of the contract.

B. In light of the fact that the Defendant was guilty of an unreasonable sentencing interpreter, there is no same criminal conviction, the Defendant was sentenced to a fine for the violation of the Road Traffic Act before 22 years and the Defendant was sentenced to a fine for the violation of the recent Labor Standards Act, and the fact that there was no particular criminal conviction except for the punishment imposed by the violation of the Labor Standards Act, and that the Defendant would be able to pay damages to the victim, and the Defendant is driving the cargo after becoming a bad credit holder due to a failure of business and supporting his family, the punishment (six months of imprisonment)

2. Determination

A. In addition to the circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court on the assertion of mistake of facts, the victim paid the intermediate payment and the balance in late installments.

Even if the defendant's transfer is claimed (the victim claimed that the 30 million won and the 35 million won were transferred on the agreed date. The evidence records are 21 pages). The real estate of this case, as recognized by the defendant, can only be repaid with the loan obligations borne by each division, the loan financial institution can terminate the right to collateral security on the part and make the buyer's transfer registration at the termination of the right to collateral security on the part. However, the defendant paid the amount received from the victim for other expenses without using it for the termination of the right to collateral security. In such a case, the right to collateral security purchased by the