The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (with regard to fraud), the Defendant entered into a contract with the major shareholders of D Co., Ltd. to acquire shares of the said company and its affiliates in KRW 80 billion, and the above acquisition price was agreed by N Co., Ltd. to lend to the company, which is the bond company, and the Defendant had the intent and ability to exercise the right to sell apartment units under construction of the said company.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts: (i) G and the victim stated in the investigative agency and the lower court that “The Defendant entered into a contract with D Co., Ltd. to take over the affiliates thereof at KRW 80 billion and paid the down payment of KRW 10 billion.”

The circumstances consistently stated and to suspect the credibility of the statement are not peeped, and the defendant has not paid the down payment, and the defendant has been 80 billion won to receive investment from N by the bond business operator.

In full view of the fact that there is no evidence to support the argument, and (3) at the time, the defendant was operating the J-based corporation for trade business, but the defendant used the money received from the injured party as a security deposit for the performance of the apartment sales agency as stated in the decision of the court below for the payment of personal debt and the expenses for the trade affairs of the above company, the defendant would have the right to sell apartment units to the injured party

It is sufficiently recognized that he/she has acquired a total of 80 million won from the damaged person as a deposit for the performance of the sale by proxy.

The above assertion by the defendant cannot be accepted.

B. As to the wrongful assertion of sentencing, the amount of damage to the crime of fraud of this case and the crime of violating the Labor Standards Act exceeds 100 million won in total, and the instant case.