The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant did not deceiving the victim, and the money received from the victim was received in the course of settlement with G in connection with the vicarious sale of the Busan O building and was remitted to G under the agreement with the victim, so the court below found the defendant guilty of the charge that the defendant deceivings the victim in connection with the sale of the apartment of this case and acquired the money of this case by mistake of facts.

B. The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, community service, 120 hours) by the lower court is too unreasonable.

2. Determination:

A. According to the records on the assertion of mistake of facts, the Defendant: (a) decided to mediate 41 households of the instant unsold apartment unit to purchase it in a less lump sum from EF Capital; (b) the situation in which the EF, a person in charge of the sales of the instant unsold apartment unit, could not be less than 9,50,000 won per square year; (c) on October 201, the Defendant refused to purchase the instant unsold apartment unit at less than 9,500,000 won per square year; (d) on several occasions with the Defendant and around November 2011, the Defendant did not agree on the purchase price of the instant unsold apartment unit; and (e) the victim did not have any progress in relation to the purchase of the unsold apartment unit in this case, and (e) the EF, a person in charge of the sales of the instant unsold apartment unit, did not sell the unsold apartment unit at KRW 1,81,000,000,000,000,000,00.