The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim by saying, “The Defendant is proceeding with the construction and sale of apartment buildings in the fourth Republic of Korea from G operated within the inside and outside of the Republic of Korea.”

The defendant was actually promoting the apartment building project in four arms, and the fund was also prepared in the state of promising investment from H and E, so there was no intention to acquire the defendant.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of fact 1) The Defendant is proceeding with the sales business of the four-sale apartment in G operated by the Defendant.

A) According to the evidence adopted and examined by the lower court and the first instance court, the following circumstances are acknowledged.

① From the investigative agency to the Seoul Central District Court 2012 Gohap1287 case court, the Defendant and E “The Defendant and E are running apartment business in four arms, and E also invested KRW 1.5 billion in trust and investment.

“A consistent statement was made to the effect that “.”

② From the investigative agency to the court of the instant case, the J told the EF that “The Defendant, through G, is running apartment business in four arms, thereby making an investment in KRW 1.5 billion.”

“The statement was made.”

③ The Defendant delivered to the victim a name named “A” as “A Chairperson of G Co., Ltd.”.

The letter of investment commitment issued on June 7, 2009 by the victim to the defendant that "I undertake to make an investment by depositing into G (State) by August 15, 2009 in order to establish a local corporation in the Republic of Four (State) and build an apartment 600 households."

G (State) The President A of the Republic of Korea is written.

B) Comprehensively taking account of the above circumstances, the Defendant is proceeding with the victim with the construction and sale of apartment buildings in four arms operated by G.