The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not deceiving the victims, and did not complete the project because it did not pay all the investments that the victims promised to do.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous as a matter of law.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged in accordance with the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the fact that the defendant was aware of the above money by deceiving the victims as stated in the judgment, even though the defendant did not have the intent or ability to conduct the land creation project and the sale of the house for electric power generation.

Therefore, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts affecting the judgment.

Therefore, the defendant's above assertion is without merit.

① On October 2005, the Defendant was registered as a bad credit standing, and was faced with financial difficulties to the Daegu District Court to the extent of filing an application for bankruptcy due to the Defendant’s failure to perform his/her obligation of KRW 30-4 billion around 2009, and accordingly, the Defendant was in a state in which his/her name and/her name could not be applied for a motor vehicle or real estate.

On January 26, 2015, the Defendant received five million won of a fine on five occasions, and was unable to pay a fine by cash borrowed from another person, but did not have any difficult economic situation at the time of receiving money from the victims.

② At the time of J over 3-4 times from February 2 to March 2015, the Defendant shows the “plan for the construction project of the K-Power Housing Construction Project”, which was recorded by the Defendant as the representative of WW, and KRW 100 million in the investment in the land development project.