The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding (criminal facts regarding the case of 2013 Godan121) the Defendant was guilty of all the charges of this part of the charges, despite that the Defendant used the money received from the victims to purchase gold in the bean Republic of Korea with the money received from the victims in order to purchase gold in the bean Republic of Korea, and there was no criminal intent of defraudation. The amount received from the victim V was borrowed from the victim V in the name of living expenses, etc., and was not received as the construction expenses for apartment bath remodeling as stated in this part of the charges. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment, six months of imprisonment with prison labor for the crimes of Nos. 1 and 2 on the market) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is sufficient as to the crime of fraud against the victim P and T as a requirement for fraud. The deception refers to any affirmative or passive act that has a good faith and good faith to be followed by each other in property transaction. It does not necessarily require that it constitutes a principal part of a juristic act. It is sufficient if it is about the basic fact of judgment for the perpetrator to make a disposal of property he wishes by omitting the other party into mistake. Whether a certain act constitutes a deception that causes a mistake of another person should be determined generally and objectively in consideration of the situation of transaction, other party's knowledge, experience, occupation, etc. at the time of the act (see, e.g., Supreme Court Decision 2005Do1991, Oct. 25, 2007). In addition, in a case of fraud with the content of property acquisition, if there is a delivery of property due to deception, it itself constitutes an infringement of the victim's property.