The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim and did not have the intent to commit fraud.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of the lower court against an unfair defendant in sentencing (the sentence of two years of suspended execution in April, and the community service order of eight hours in 80 hours) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the court below also asserted the same purport as the assertion of mistake of the above facts, and the court below rejected the defendant's assertion by giving a detailed statement on the column of the evidence. In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

B. Although it is recognized that the Defendant deposited KRW 2 million for the victim in the trial at the trial of the party, considering the following circumstances: (a) the amount of the Defendant’s pecuniary advantage and the amount of the Defendant’s pecuniary advantage; and (b) the Defendant’s age, sex and environment; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is too excessive and unreasonable.

3. If so, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.