The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant had no intention or ability to implement the project in accordance with the contract, and thus, did not induce the victims.

B. Even if there is no unreasonable sentencing, the lower court’s sentencing (fine of three million won) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts states the following circumstances which can be recognized by the evidence duly adopted and investigated by the court below: ① the defendant's agreement between the defendant and the community provides that the defendant shall not transfer or lease the status of the sales agency of Busan branch to another person; ② the defendant appears to have received money from the victims under the condition that the defendant would provide the victims with the right to sell teaching materials in part (marine transportation) out of the Busan area where the defendant sold in light of the statement of the victims and the terms of the contract between the victims and the defendant; ③ the defendant's assertion of mistake of facts is not transferred the right to sell books to the victims; ③ If the defendant does not transfer the right to purchase teaching materials to the victims, but it is nothing more than providing the victims with teaching materials so that the victims can purchase teaching materials from the victims, it is difficult for the victims to easily understand the defendant's assertion, and ④ the defendant's confession is hard to receive, and there is no reason to suspect the voluntariness of the confession.

B. The Defendant’s primary offender who had no record of criminal punishment before the judgment on the assertion of unfair sentencing is final and conclusive from the beginning.