The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving victims at the time of concluding a sales contract, and did not have any intent to commit fraud.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the victim's assertion of mistake, and ① around June 2013, the defendant extended the purchase price of KRW 260 million to the victims as collateral, "The purchase price of KRW 360,000,000,000,000 to the Busan Shipping Daegu Apartment 101,702 (hereinafter "the apartment of this case"), which is the object of sale, and the balance of KRW 100,000,000,000,000,000 won, would be paid for the defendant's purchase of the apartment of this case." The defendant did not purchase the apartment of this case from the victims, and ② at the time of the conclusion of the above purchase contract, the defendant did not have any outstanding obligation to purchase the apartment of this case under the name of the victims, which would have been in excess of the market price of KRW 1,00,000,00,00,000,00.