The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not have the intent to commit a crime by deception even if he did not obtain deception as follows, the first instance court erred in violation of the rules of evidence, misunderstanding of facts, or misunderstanding of legal principles as to fraud.

(1) As to the fraud of June 14, 2010, the Defendant did not have participated in the act of conspiracy with E or borrowing from E.

D. As to the fraud of June 30, 2010, the defendant's failure to comply with the agreement even though the period of payment was agreed upon by the defendant is a civil default, not a criminal fraud, and the victim J did not give any particular meaning to the above period of payment agreement and did not lend money.

Secondly, regarding each fraud, if the project is fully feasible at the time and the success of the project, the victim could be repaid with the service cost to be received from X corporation, and the defendant also explained these circumstances to the victim.

• The subject who borrowed a total of KRW 170 million from the victim is K Foundation and K corporation, so the defendant does not acquire the money in the name of the borrowed money.

B. The sentencing of the first instance court of unfair sentencing (one year of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts or misapprehension of legal principles, the first instance court rejected the argument in detail with the argument and detailed statement under the title "the judgment on the argument of the defendant and defense counsel" in the judgment of the first instance, by asserting the same purport as the reasons for appeal of this case in the court of first instance. The first instance court's judgment is just and acceptable, and the first instance court's judgment is duly adopted and investigated.