The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant believed D’s horse that he could recover the property of the C conciliation division and received 200 million won from the victim, there was no intention to commit fraud.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court, the following facts can be recognized.

(A) Upon the introduction of C, the Defendant and D requested the funds to mean that the victim may recover 20 billion won property in Japan, and the Defendant and D were issued KRW 200,000 from the victim by providing a part of the said property to the KND, and later by concluding that they would repay KRW 6 billion in cash.

(B) The Defendant presented the victim’s resume that he worked as a diplomat, and demanded the victim to notify the outside of the instant case.

(C) The Defendant alleged that Ma, Japan, was believed to be able to have a large number of people who take part in the Japanese colonial and legal circles, and that the materials were related thereto. However, most of the materials presented by the Defendant were prepared after the interview of the victim, and no objective material was presented to support the Defendant’s belief that the above business was genuine before the interview of the victim.

(D) The Defendant: (a) was a securities exchangeable to the Switzerland Bank; and (b) was brought to Korea upon the receipt of the said securities from Switzerland in Japan; (c) but the said Kenya was merely a U.S. commemorative currency.

(E) After dividing the above money into D and 100 million won at the time of the police investigation, the Defendant stated that the amount of KRW 58 million was spent at the expense of the Japanese bank deposit recovery work in the previous Japanese company, and that the Defendant used KRW 25 million at the expense of transportation expenses, board and lodging expenses, etc., and that the Defendant used KRW 10 million for personal use and the remainder to D in the prosecution investigation.