The defendant's appeal is dismissed.

1. The judgment of the court below which found the defendant guilty on the ground that the defendant, as stated in the facts charged, did not deceiving the victim and defraud the money, is erroneous in the misapprehension of the facts.

2. The court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below: ① although F was in an uncertain situation at the time when the defendant received KRW 200 million from the injured party, the victim believed that it would be done promptly, and accordingly, delivered KRW 200 million to the defendant who believed that the defendant would have been a director of the KT subsidiary, and if the victim knew that the F would not have been aware that the acquisition of the KT subsidiary was uncertain at the time, it would not have been given the above money to the defendant; ② The defendant at the prosecutor’s office, "If the victim borrowed KRW 200 million to the victim, he would offer 20,000 stocks of E company as security and give employment to the above company, and if F would not have been entrusted with the management of the KT subsidiary, he would have left 200,000 won to the victim's apartment after taking over the KT subsidiary, the victim did not appear to have been given KRW 100,000,000,000 among the record of this case.