The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles 1) The Defendant and the victim C were the partnership business relationship that distributes profits, so the damages claimed by C are the obligation to settle as a result of the termination of the partnership business contract, and there was no intention of deception or deception by the Defendant.

2) The Defendant did not commit deception against Samsung Card Co., Ltd., the owner of the object of the lease contract, and C does not have the right to perform the act of disposal under the lease contract, and thus, C’s act of using facilities and allowing the Defendant to take profits after concluding the lease contract does not constitute a disposal act of fraud.

3) C’s payment of rent for lease, factory rent for the repair of the leased machinery, and the payment of the cost for the repair of the parts for the leased machinery was performed as a party to the contract under the lease contract, lease contract, or purchase of parts. The succession of the factory lease to the Defendant by succession to the factory lease is based on a vague expectation that the Defendant would be able to succeed to the lease contract by registering the business.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence of factual misunderstanding and misapprehension of the legal doctrine, the Defendant: (a) intended to lease a processing facility from Samsung Card Co., Ltd.; (b) however, the Defendant had a debt of KRW 86 million to the Korea Credit Guarantee Fund; and (c) was unable to enter into a lease contract under his/her own name; (d) around April 2015, he/she would succeed to the lease contract by obtaining a loan from Samsung with its operating funds and funds for purchase of equipment by being registered as a business operator by June 2015, if he/she leased the facility under C in its name.

In other words, the fact that C entered into a lease agreement on the facilities to be used by the Defendant, and the Defendant would immediately receive a loan of KRW 100 million from the operating fund if C reimburses the Credit Guarantee Fund's debt of KRW 50 million.

In other words, the Credit Guarantee Fund shall be repaid from C.