The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant had the intent and ability to provide scrap metal at the time of receiving KRW 90 million from the injured party, the lower court had the intent to commit the crime of defraudation against the Defendant.

In light of the facts charged in this case, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. The following circumstances revealed by the lower court as to the assertion of mistake of facts: (i) the Defendant agreed to the victim at the time of assembling the vessel with the victim, and the site for the assembly of the vessel was leased, but failed to establish the factory at the wind contained in the square at the site of the factory.

However, at the time, the lease contract entered into between the defendant and the owner of the site for a factory includes the special terms and conditions that "if there is a change in the planning road within the contract period, it shall be applied." At the time of the conclusion of the above contract, the defendant was aware that the land of the factory is incorporated into the plaza at the time of the conclusion of the above contract, ② at the investigation agency, the owner of the site for a factory, even though C knew that the above site was included in the plaza at the time of the lease contract, and stated to the effect that the defendant terminated the above lease because the defendant did not pay any balance, ③ and E, which introduced the victim to the defendant, introduced all the victims to the defendant, was 8 at the time of the investigation agency, and that there was a lot of scrap in the assembly process.

In light of the statement, the defendant did not have the ability to provide scrap metal to the victim because the defendant did not have the status of establishing or receiving the bus at the time of receiving KRW 90 million from the injured party.