The defendant's appeal is dismissed.

The defendant pays 175,00,000 won to the applicant through fraud.

1. The summary of the grounds for appeal ① The Defendant, by mistake of facts, sufficiently explained the victim about all the matters regarding the instant business, and did not deceiving the victim, as stated in the facts charged.

② Even if the court below's conviction for sentencing is recognized, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below and the court below, are (i) the victim appeared in the investigative agency and the court of the first instance to the effect that he/she provided money as stated in the facts charged, and the victim seems to conform to the investigation report (Submission of materials to the complainant), etc., and there is no special circumstance to reject the credibility of the above statement. (ii) At the time, the defendant was planned to lend KRW 2.365 million to F as down payment from the bond company F as down payment, and intends to receive an investment of KRW 50 million from the bond company with interest, fee, etc. for this purpose, the victim did not comply with the investment promise for additional KRW 200 million as well as additional KRW 30 million, and thus, the court below's judgment was justifiable in light of the fact that the defendant's assertion on the funding plan, etc. for this case was changed several times and that it was difficult for the defendant to use the above portion as a result of the above change in the business and the above damages.

Therefore, the defendant's mistake of facts is without merit.

B. The Defendant has been punished by a majority including the same kind of crime, and the Defendant is in a trial.