The defendant's appeal is dismissed.

Part II of the judgment of the court below is "1. Witness H, I, and E".

1. Summary of grounds for appeal;

A. There was no intention to commit fraud against the defendant.

The amount of KRW 300 million received as the victim's test, which is the land purchase victim, was received as the expenses for the removal of the unauthorized occupant, and the occupant was lost in the related civil procedure, and it was thought that the removal execution can be possible within three months.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same as the purport of the appeal, and the lower court rejected the Defendant’s assertion in light of the reasoning of the judgment.

In light of the following facts, the lower court’s determination is justifiable on the following grounds: “The occupant’s winning in the relevant civil procedure becomes final and conclusive by the Supreme Court Decision (Supreme Court Decision 2014Da7827 Decided January 24, 2014), and it is confirmed that the Defendant and the victim are not able to implement the instant agreement.”

Therefore, we cannot accept the defendant's assertion of mistake.

B. Although the Defendant did not have any history of punishment in the past, and is currently old, even though the victim’s damage (amounting to 300 million won) is not much until now, the victim’s request for punishment was not made at all, and all of the sentencing conditions indicated in the arguments, including the Defendant’s age, character and conduct, family environment, are examined, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and the decision of the court below which clearly states a clerical error is delivered under Article 25 (1) of the Rules on Criminal