The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) is as follows: (a) the Defendant withdraws the public auction of the “EN” located in Gangnam-si (hereinafter the “SN”) through the branch, or obtains the award, and will take management rights for the Defendant.

If the down payment of KRW 40 million is paid, the construction work can be carried out on credit by requesting the business operator who knows within the limit of KRW 40 million, and it will be possible to pay the construction cost with the money borrowed as security or operating income of the crowdfunding.

“Along with the end of H’s deception, the construction was carried out by deceiving the victims, and the construction contract with the victims was also concluded by H, not the Defendant, verbally, and the Defendant acquired pecuniary benefits by deceiving the victims with the intent of fraud.

shall not be deemed to exist.

Even the Defendant was guilty.

Even if the court below's punishment (one year of imprisonment) is too unreasonable.

2. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by this court, it can be recognized that the Defendant deceivings victims by deceiving them with the intention of defraudation.

The defendant's assertion of facts is without merit.

① The Defendant, in an investigative agency and a court of original instance, led to the confession of his criminal act in the court of original instance, and was subjected to deception from H.

In the second investigation of the police, the defendant stated that the defendant is not obligated to pay the construction cost because H is a party to the construction contract, such as the interior of the human body, etc. so far, and he again took up the second investigation.

H merely introduces victims, and concluding a contract for construction with victims is not H but the defendant, so the defendant shall pay the construction cost, and the construction cost to the victims.