The defendant's appeal is dismissed.

1. The court below found the defendant guilty on the facts charged of this case by misunderstanding that the summary of the grounds for appeal D is to support five million won, thereby reporting it to L who is the representative of the executing company of the C Housing Redevelopment Project, and L is to collect money on behalf of the defendant, and only received five million won from D by receiving money on behalf of the defendant.

2. The following facts acknowledged by the evidence duly adopted and examined by the court below: (a) the defendant stated that "I would allow the victim D to obtain business rights related to the C Housing Redevelopment Expenses if I would lend money necessary for the C Housing Redevelopment Expenses; (b) the victim believed the above horses of the defendant and remitted KRW 5 million to the NAC account in the name of the defendant's wife E on January 11, 201; (c) however, at the time of the redevelopment project, the residents' consent rate was less than 50%, and the redevelopment itself was not conducted; (d) even if redevelopment was conducted, the defendant was not at a location to grant business rights related to the Communications Corporation; and (e) the defendant did not have the intent or ability to repay it three months after borrowing money from the victim; and (e) L would not have ordered the defendant to receive KRW 5 million from the police to receive it instead of the victim, the defendant could be found guilty by deceiving the victim as stated in the judgment of the court below.

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

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