The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (1) On January 21, 2011, the Defendant involved in the fraud of KRW 30 million was the first victim on February 1, 2011.

The Defendant did not know that KRW 30 million was the money of the victim.

E was aware that the O corporation operated by E was invested.

Therefore, the defendant did not deceiving the victim.

(2) Since the Defendant, in relation to deception, established a mining concession right as to the Mountainous S mining area between K and K, there was no problem in obtaining permission for mining plans from the competent authorities.

In addition, there was no problem in the sale of earth and sand in the relocation of the military base with a large demand for earth and sand, and the expansion of the Osan Airfield.

The defendant could not obtain authorization of mining plan from the wind that the victim decided to invest KRW 300 million in the defendant and invests only in the amount equivalent to KRW 100 million.

The defendant had sufficient intent and ability to exercise soil and sand transportation right, etc. to the victim, and there is no fact that the victim was accused of the victim.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) According to the judgment on the assertion of mistake of facts (1) on January 21, 201, the records of this case relating to fraud of KRW 30 million on January 21, 201, the Defendant did not have any difficulty at the time when he/she received delivery of KRW 30 million from the victim on January 21, 201, and on February 1, 2011, the Defendant could recognize the fact that he/she first met the victim on February 1, 201. However, according to the following facts and circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court fully recognizes that the Defendant acquired KRW 30 million from the victim on January 21, 201.

Therefore, the defendant's above assertion is not accepted.

① When the Defendant invested KRW 30 million in Nonindicted E and D on January 201, the Defendant obtained permission for gathering earth and sand within 20 and 3 months, the military unit relocation work and the Osan Airfield.