The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim did not have any intent to make reimbursement from the beginning of the fact but did not make a false statement to the victim.

Unlike expectedly, it is only impossible to pay money as a result of failure to carry out a water business on the wind that does not receive a government subsidy, etc., and it does not deceiving the victim.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court as to the assertion of mistake of facts, the fact that the Defendant, at least by deceiving the victim B with the criminal intent of defraudation, can be fully recognized.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and it is not erroneous as alleged by the defendant.

The defendant's assertion of mistake is not accepted.

(1) At the time of borrowing money from the injured party, the Defendant had a considerable debt, and there was no particular property.

The defendant used the money borrowed from the victim to repay other debts immediately and did not have any specific progress in the property business.

(2) The defendant can easily receive a subsidy of KRW 300 million from the Government's water support projects, and the defendant can pay the victim with such subsidy.

However, at the time, the defendant did not meet the requirements for receiving the above subsidies, and there was no guarantee that he could receive the subsidies clearly even if he applied for.

In addition, there was no other specific fund-raising scheme to repay the borrowed money from one damage.

(3) The defendant told the victim.

The repayment plan is likely to not be realized because it is not clear or specific.