The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the fraud against the victim D) arranged the victim to obtain a loan of KRW 5 billion from the bond company (the land to be purchased by the victim as security) and agreed to receive KRW 350 million in total from the victim's victim's injury as agreed money to compensate for the I's damage if the loan is not implemented normally due to the victim's fault. The defendant received KRW 3250 million in total from the victim's injury as stated in the facts charged.

However, even though the defendant completed all the preparation for lending 5 billion won through I, while the victim's side did not prepare the documents related to the loan or refused to issue them, the defendant was detained separately and the loan was interrupted.

Therefore, the defendant is not only required to receive the money properly in accordance with the above agreement but also to take the above money due to the reasons attributable to the victim's liability. Thus, the defendant cannot be said to have obtained the money by deceiving the victim.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

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

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal, and the lower court rejected the above assertion in detail with the Defendant’s assertion and its determination in the written judgment (No. 11 conduct on the 4th page 11 to 10th page 1). In line with the foregoing judgment of the lower court, the lower court’s determination is just and acceptable, and (a) the owners of the Defendant, the victim, and the land access roads used to conclude a real estate sales contract and transfer registration.