The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that the defendant of mistake of facts borrowed KRW 70 million from the victims, but in relation to the above loan, the defendant did not deceiving the victims by stating that "the defendant would have the victims work as an employee engaged in the production of a car employed in the future at his/her own expense of KRW 70 million."

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case was erroneous.

B. The sentence of unfair sentencing (ten months of imprisonment, two years of suspended execution) of the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated in the lower court’s judgment as to the assertion of mistake of facts, the Defendant could be recognized as the fact that the Defendant deceivings the victims as stated in the facts constituting the crime in the lower judgment, thereby deceiving each victims of KRW 70 million from the victims on the ground of the solicitation of employment of an infant vehicle. Therefore, the above assertion by

① 피고인은 피해자 I에게 평소에도 ‘유력인사들을 잘 알고 있다, 취업을 알아봐 주겠다’라는 말을 한 사실이 있고, 7,000만 원을 교부받은 이후에는 ‘기아자동차 직원모집공고가 떴으니 알아볼 수 있으면 알아보겠다, 채용공고가 떴으니 도와주겠다, 넣어 보라’라는 취지의 말을 하였다.

(2) After delivering KRW 70,000 to the defendant, the victims have withdrawn from the workplace where they actually attended, and have supported an infant vehicle, but failed to be employed.

③ The Defendant received KRW 70 million from the victim E to another person’s account in eight times, the Defendant received KRW 70 million from the victim I in cash twice, the Defendant did not agree between the Defendant and the victims at the time of payment of each of the above amounts, and did not prepare a loan certificate, and the victim I would like to raise the above KRW 70 million.