The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant had sufficient means to obtain a chips equivalent to USD 200,00 from the injured party, and had intent to repay, so there was no intention to acquire the chips.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. Sentencing, even if not, the lower court’s sentencing (10 months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant denied the intention of defraudation in the court below, but all the facts charged which were denied on the fifth trial date of the court below. There are no circumstances to suspect the credibility or voluntariness of the confession, the victim and E's legal statement in the court below are sufficient, and the confession of the defendant also can be acknowledged by evidence duly adopted and investigated by the court below and the court below. In other words, the defendant did not notify the victim of the fact although most of the deposit money on apartment living in the time when the chip was delivered from the injured party was provided as security, and the defendant did not notify the victim of the fact that he returned to Korea without return to Korea. ② The defendant argued that the sales of Mindo reached KRW 50 million, but most of the funds for the operation of Mindo at the time when the chips was delivered by the injured party, and the defendant did not have sufficient ability to pay the victim the total amount of the chips and the facts that the defendant did not actually acquired the chips.

In addition, one victim has induced the defendant to gambling, and fees due to the gambling of the defendant.