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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. In fact, the Defendant was actually engaged in the camping project and the J project, and the victims were aware of the status of the progress of the project and lent or constructed money under their own judgment. Since it was merely a failure to repay the borrowed money to the victims or to pay the construction cost due to the fact that the said project was not properly conducted due to the unexpected circumstances, there was no deception of the victims at the time, and there was no intention to defraud the Defendant.
In addition, since victims L, Q and the Dispute Resolution Committee did not complete all the agreed construction works, or there were defects in the construction works, the construction amount claimed by the above victims shall not be recognized.
B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. The following facts and circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts. The defendant, via C, did not conduct an appraisal even though he had talked about the victim B as stated in this part of the facts charged and received KRW 70 million as appraisal expenses, and even according to the defendant's statement, he used 50 million out of the money for other purposes unrelated to appraisal and assessment. The defendant started the camping business in the judgment of the court below, but started the camping business, and re-ended the camping business in the judgment of the court below without paying due to the reasons such as failing to obtain permission for camping, etc., and the defendant was unable to operate the camping business any longer for one year due to sales depression, etc., but the defendant did not have any objective and reasonable grounds to deem that the defendant's anticipated profits have been generated under the status of his own capital, but began the business as above, and most of the funds needed for its operation.