The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the injured party could not complete the work requested by the injured party to destroy the contract at ten (10) days after requesting a gold production, the accused issued tax invoice to the injured party, and the Defendant also delivered the performance bond issued by the Seoul Guarantee Insurance Co., Ltd. (Advance payment), and the Defendant actually requested a gold production to E and actually prepared a map, the intent of defraudation is not recognized.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in the lower court’s determination as to the assertion of mistake of facts. The lower court reasoned that the Defendant was guilty of the instant charges, on the following grounds: (a) the Defendant, in a considerable economic difficult situation, received money from the injured party for the production cost; (b) most of the money was consumed for personal use, not for the production of gold-type and withdrawal; and (b) the Defendant requested a gold-type design through a single gold-type design, because there was no independent gold-type design technology; (c) the Defendant did not deliver all the money received from the injured party E; and (c) the Defendant did not return the money received from the injured party to the present date.

In this regard, the defendant's assertion was rejected.

According to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① according to the testimony of the lower court at the court, the Defendant received money from the injured party in the name of the gold production cost, and requested E to produce gold, but it is recognized that the Defendant did not hear what kind of gold should be created from the Defendant at the time, and the Defendant did not receive any down payment.