The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant had an intention to construct the instant pen Nos. 1 and 2 to sell it in a successful manner, and to perform the promise with the buyer. In fact, he had prepared several for the construction work, including the progress of construction of the instant pen No. 1 complex. However, due to delay of the buyer’s payment of the purchase price, loss caused by the failure of import of Mongolian wood, difficulties in business operation, etc., the buyer delayed pension construction due to delay of payment of the purchase price, provisional attachment, criminal complaint, etc., and eventually, the Defendant’s business of construction of pentn that was planned by the Defendant was closed. Thus, the Defendant has no intention to obtain fraud.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant: (a) operated F Co., Ltd. (hereinafter "the company of this case") in substance; (b) through its employees, the defendant completed all appurtenant construction works including the penty in 2009, and guaranteed at least 12% annual profit; and (c) the principal amount is also guaranteed since the principal amount was redeemed at the price for three years; (b) the defendant displayed the victim J with the first complex penty site in this case; (c) the defendant failed to properly proceed with the construction of the first complex penty site in this case; and (d) the defendant did not actually develop the second complex penty site in this case as a quasi-forest conservation area; and (d) at the time the construction site of this case was displayed to the victims, it was difficult to develop the second complex penty site in fact as a quasi-forest conservation area.