The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) was that the Defendant suffered from hepatitiss who were suffering from hepatitiss before the instant case, and the Defendant was completely cured with the medicine created by C, and thereby trusted C at the instant time. C merely explained the victim’s efficacy of the medicine of “afluent leaves” and the Defendant did not explain the victim’s efficacy of the medicine of “afluent leaves”. The KRW 50 million delivered by the victim was brought about by C later, and the Defendant was only limited to C’s heart diameter in relation to the instant case.

In the end, the judgment of the court below which found the defendant guilty of the facts charged in this case without the intention of defraudation is erroneous.

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim’s statement that the defendant had almost no horses at the time of the instant case, and the victim explained the victim’s effect of the drug of the “profes” to the court below from the investigative agency to the court below, which is consistent and specific, and credibility. ② At the time of the instant case, the defendant was unaware of what kind of disease the profesity change was caused by the victim’s husband, and was unaware of the efficacy of the drug of the “profsatt leaves”. ③ At the time of the instant case, the defendant prepared a written agreement to the effect that the defendant would return the profes at the time of the instant case’s delivery to the defendant as a return cycle, ④ The victim stated that the defendant would not return the money from the court below to C, and thus, the defendant could sufficiently be found guilty in light of the purport of the facts charged by the Defendant’s statement that the defendant was delivered to C.