The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) stated in the petition of appeal to the effect that the Defendant’s defense counsel filed an appeal on the grounds of mistake of facts and illegality in sentencing. However, the grounds for appeal submitted within the statutory submission deadline was stated only as the grounds for appeal, and the appellate court asserted only mistake of facts on the first trial date, and thus, only the allegation of mistake is determined on the grounds of appeal.

The victim was only remitted with J's belief and remittance, and the Defendant did not make a false statement as stated in the facts charged. At the time, the Defendant had an intent or ability to sell the house promised to the victim, but the remodeling was suspended because it was impossible to pay the balance of the above house building due to the mistake of the authorizing and permitting enterprise, so the Defendant did not have an intention to acquire the house by deception.

2. The judgment of the court below, in addition to the financial position and progress of the business of the defendant acknowledged by the evidence duly adopted and examined, the following circumstances, i.e., ① the defendant, the actual operator of E, a corporation, purchased part of the building D located in Osan City, and obtained permission for change of the purpose of use to urban-type residential housing, and implements a remodeling project and selling the building; and the defendant, who is an executive officer of the corporation, can sell the building in lots at one person to be sold in lots, and sell the building in lots at one time to the person who pays the sale price in installments at the office placement

(2) The J would have the victim sell the urban-type residential housing in the amount of KRW 40 million to the victim as recommended by the Defendant.

In the end, the victim concluded a contract for the sale of three bonds of urban-type residential housing, and paid 120 million won to the defendant as the sale price, and 3 the defendant paid from P and Q.