The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, the Defendant did not know that the lessee’s existence or the lease deposit to K was KRW 70 million, while the Defendant, by mistake of facts and misunderstanding of legal principles, considered the wife in the C Building D (hereinafter “instant real estate”).

Around February 2017, when the Defendant applied for a loan to the victim’s O association (hereinafter “victim G”), the purchase price was KRW 150 million, and the purchase price was not falsely notified.

However, it is true that the defendant did not notify G that the purchase price has been reduced to KRW 100 million before receiving the loan, but it cannot be said that the defendant has obligation to notify.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles as to deception.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. In the lower court’s judgment on the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court, based on the circumstances stated in its reasoning, determined that the Defendant acquired KRW 89 million from the victim G as a loan.

In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the judgment of the court below is just, and there is no error of misconception of facts as alleged by the defendant, and the defendant's assertion of mistake of facts in this part is without merit.

1. The Defendant asserts that when applying for a loan to the victim G, the purchase price of the instant real estate was KRW 150 million according to the real estate sales contract concluded on February 20, 2017, and thus, the purchase price was not falsely notified.

However, according to the above contract, the contract is concluded on February 20, 2017, and the contract deposit is 10 million won.