The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant received KRW 50 million from the victim to use three parcels, such as Geumsan-gun E (hereinafter “E”) for development services, and disbursed part of the above money as the cost of the film theater and the office facility, which is the development project, and the remainder was disbursed as the settlement cost of the Chungcheongnam-gun H (hereinafter “H land”), which is a separate land purchased by the victim with the consent of the victim, the Defendant did not deceive the victim, but did not have any criminal intent to defraud the Defendant.

B. The sentence of unfair sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the Defendant and film business: (a) the Defendant agreed to develop E land and build film theater and film theater, etc.; (b) the Defendant decided to invest in the development project with F’s introduction around October 2010; (c) the Defendant transferred the amount of KRW 50 million in the purchase and sale agreement of E land and KRW 50 million in development services; and (d) the Defendant transferred the amount of KRW 100 million to the Defendant’s account as the need arises; and (b) the Defendant sent the amount of KRW 80 million in October 8, 2010 to the Defendant’s account; (b) however, the Defendant explained the development project plan and urban planning planning around June 7, 2010 to explain the development project plan to the Defendant; (d) the Defendant agreed that the Plaintiff would pay the project cost if the project was approved at least 00,000 won, but the Defendant did not actually conclude the service contract at least 00,000,000 won.