The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no fact that the Defendant had expressed to the victim that he would register the down payment for GHdong factory at the principal place.

At the time, it is not necessary to register the factory for all of the GH-dong factories in addition to the LM-dong factories already purchased for the waste recycling business.

At the time, if the victim requested the registration of factory for GH Dong, the defendant could have harmed it, and there was no intention to commit fraud.

Nevertheless, the lower court which found the Defendant guilty of the instant fraud erred by mistake of facts.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined that: (a) the following circumstances revealed by the facts recognized as indicated in the judgment of the lower court were as follows; (b) when the victim purchased GH factory from the Defendant around July 2017 and paid KRW 20 million, which is a part of the down payment, the Defendant was in need of factory registration; and (c) the payment of down payment of KRW 20 million prior to the date of the preparation of GHdong Agreement was due to the Defendant’s failure to accept the Defendant’s statement in the lower court’s court’s legal statement or prosecutor’s office based on the fact that it was difficult to accept the Defendant’s statement in light of other relevant parties’s statement or objective situation at the time of the conclusion; and (d) in relation to the GHdong factory sales contract, the lower court determined that the Defendant acquired KRW 50 million by deceiving the victim with respect to the down payment of KRW 50 million from the victim at the time of entering into the contract.

The original judgment and the trial are legitimate.