The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles - The victim E in the judgment of guilty of fraud merely lent a total of KRW 400 million to the Defendant as costs necessary for the progress of the project related to the creation of the Pyeongtaek-si Lone Industrial Complex. The Defendant did not deceiving the victim, on the ground that the Defendant did not mean that “If the Defendant lent KRW 200 million to the Defendant, he would repay the borrowed money to M Construction Co., Ltd. (hereinafter “M construction”) and then terminate the contract with M construction, he would be required to enter into a contract with H in the operation of the victim, and further KRW 200 million in order to secure the business right to create the industrial complex against L land.”

Nevertheless, as stated in this part of the facts charged, the Defendant by deceiving the victim and by deceiving the victim a total of KRW 400 million as above.

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles.

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles) The Defendant asserted the same purport as the grounds for appeal under this part of the judgment below, and the lower court, comprehensively taking account of the following circumstances, acknowledged that the Defendant, by deceiving the victim and deceiving 400 million won.

The decision was determined.

A) First, the above sum of KRW 400 million was lent by the victim to another person and the defendant was not actively required, but there is no reason to lend such money to the defendant by the victim to another person.

B) On March 23, 2009, the Defendant entered into a contract to purchase the land on a project site in a total of KRW 8.5 billion from Y, etc., and paid the down payment from M Construction V, and promised to pay KRW 600 million to V including interest until September 20, 2009. The above land on Y et al.