The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), among the facts charged in the instant case of mistake of facts, the Defendant: (a) completed a construction project vicarious execution (hereinafter “instant contract”) with the victim H, etc. of Gyeyang-gu, Incheon; (b) completed all of the operation, movement, and non-Dong lending (hereinafter “instant lending”) in Gyeyang-gu, Incheon; (c) and then, (d) completed a construction project execution contract with which the victim H to pay the land price with the secured loan (hereinafter “this case’s loan”) to the victim H; (b) completed the construction cost for the instant loan as collateral; (c) completed the construction cost for the loan; and (d) completed the loan as collateral and completed the loan; and (e) completed the loan with the victim’s right to pay the land price by means of the loan as collateral; (d) subsequently, the Defendant did not arbitrarily obtain an agreement with the victim to use the land price by means of the loan; and (e) violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes by acquiring the Defendant’s right to use the loan as collateral.

B. The first sentence of an unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination:

A. We examine the determination of the assertion of mistake of facts, and in addition to the circumstances indicated in the decision process properly by the first instance court in this part, it is recognized by the evidence duly adopted and examined by the first instance court.