The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In concluding a lease agreement on the building of this case with the victims, the Defendant did not deceiving the victims since all of the terms of the removal relationship, etc. of the building of this case directly or through an authorized intermediary, and therefore, the victims did not have any intent to use the building of this case and make profits therefrom, and therefore, there was no intention to commit fraud.

B. The punishment of 1 Sentencing (10 months of imprisonment) is too unreasonable.

2. Determination:

A. Determination on the assertion of mistake of facts 1) The deception as a requirement for fraud means any affirmative or passive act that has a fiduciary duty and sincerity to each other in the transactional relationship with property. Such passive act is a passive act that a person subject to duty of disclosure under law does not inform the other party of a certain fact by being aware that the other party was involved in a mistake. If it is apparent that the other party would not have been aware of the fact in light of the empirical rule of general transaction, it is legally obligated to notify the fact in light of the good faith principle (see, e.g., Supreme Court Decision 98Do3263, Dec. 8, 1998). According to the evidence duly adopted and duly examined by the first instance court, it is evident that the Defendant concluded a lease agreement with the victims and received a security deposit without notifying that the lawsuit filed by the owner N on the building of this case had already been invalidated prior to the conclusion of each lease agreement, and the victims were not aware that the lease agreement became final and conclusive if a lawsuit against the losing party became final and conclusive.

Therefore, although the defendant is in dispute with the victims of the building site of this case, the defendant will register the building.