The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts, the Defendant purchased a parcel of land and its ground building (hereinafter “instant real estate”) in the middle of July 201, 201, and planned to promote an urban living-type housing construction project (hereinafter “instant project”). At the time, the Defendant agreed with the victim to obtain a loan of KRW 5.47 billion from the FFFF G branch (hereinafter “the instant agricultural G branch”) as security to pay part of the purchase price (hereinafter “instant loan”).

Among them, one billion won has not been withdrawn and transferred to the account under the name of the defendant, and in fact, one billion won out of the loans deposited under the name of the defendant I is arbitrarily transferred to the defendant's account and used.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court determined that the Defendant requested the transfer of KRW 1 billion out of the instant loan to the said account, when comprehensively taking account of the evidence adopted as to the existence of deception by the Defendant, which is the key issue in the instant case, based on the following circumstances revealed by the following facts: (a) the lower court acknowledged the facts as indicated in its reasoning; and (b) based on the following circumstances revealed, determined that the Defendant requested the Defendant to open an account under

The lower court, based on the circumstances stated in its reasoning, separately from the issue of how the Defendant and the victim actually used the instant loan, based on this part of this case’s loan, has been executed, and separately from the issue of how to actually use the instant loan. The Defendant and the victim become the so-called “joint business operator” and the purpose of raising business funds to promote the instant project is to form a so-called “joint business operator.”