The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where a mistake of facts Defendant: (a) the scale of remodeling and extension works purchased and promoted by the K Parking Building; and (b) there are two or more restaurants or stores; and (c) even if another person is granted a right to operate a restaurant, the victim did not deceiving the victim because he/she had the ability and intention to grant another right to operate a restaurant in the said construction site.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court found the Defendant guilty of the facts charged in the instant case after having finished the direct examination of evidence, such as the process of examining the witness with respect to B andO, etc. (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).

The judgment of the court below on the credibility of this case is not considerably unfair, and according to the evidence duly adopted and examined by the court below, it is recognized that the defendant acquired money from the victim by deceiving the victim. Thus, the above argument by the defendant is without merit.

B. In full view of all the sentencing conditions indicated in the instant records and arguments of unreasonable sentencing, the lower court’s sentence is too unreasonable.