The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts, the Defendant: (a) purchased a building located in Dongdaemun-gu Seoul Metropolitan Government D and had a specific plan to construct a new building on the site; (b) ultimately, it was impossible to execute it due to lack of funds; (c) there was no plan to purchase a building as stated in paragraph (1) of the criminal facts stated in the judgment below; (d) borrowed money from the victim to purchase a building from the victim to purchase a new building; and (e) did not have acquired money from the victim to purchase a new building; and (b) actually purchased a container and sell it and operated a sales business and chroding agent business; (c) received money from the victim for the purpose of raising funds necessary for each business; (d) received and used a credit card from the victim for the purpose of raising funds necessary for each business; (e) each business could not borrow money from the victim or repay the money using the credit card from the victim to the victim; and (e) the lower court determined that there was no intention or ability to repay the amount using the credit card to the victim to purchase and sell money from the victim under the name of funds.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The Korean Criminal Procedure Act provides a judgment on the assertion of mistake of facts.