The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant by mistake of facts had purchased mining rights using 30 million won, which was received from the victim as the intention to operate a mine, the intention of fraud is not recognized. However, the court below found the defendant guilty of the facts charged that the defendant acquired the above money of 30 million won from the victim. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances acknowledged by the evidence adopted and investigated by the lower court, the lower court recognized that the Defendant, despite the lack of intent and ability to operate the mine at the time, deceiving the victim as if he had such intent and capacity, thereby deceiving the victim to defrauding KRW 30 million from the victim.

① Although it is recognized that O, on March 23, 2007, transferred a mining right from T, U, and V3 and completed the registration thereof, T is a statement made at the police station of the defendant, i.e., the purchase price of which is KRW 70,000,000 (hereinafter “Evidence record”) (Article 23572 of the Daejeon District Public Prosecutor’s Office’s Office’s 200,000 won).

) Unlike Chapter 2, there is a statement that the sales amount was in excess of 3 million won.

[Evidence No. 3 No. 19 of the Evidence No. 3, on the other hand, the Defendant changed his statement to the effect that the purchase price of the mine of this case was KRW 20 million, and that the purchase price, including T, etc. was KRW 70,000,000,000,000,000,000,000,000,000,000 won, which was received from the victim, was used for personal purposes.

Evidence Nos. 3, 140, while the defendant is the remainder of 14 million won.