The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that convicted the defendant of the facts charged of this case is erroneous in the misconception of facts, even though the defendant did not deceiving the victim C as stated in the facts charged, and did not have the criminal intent of deceiving the defendant by deceit.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The intent of defraudation, which is a subjective constituent element of fraud, of the relevant legal principles, should be determined by comprehensively taking into account the objective circumstances such as the defendant's re-satisfy, environment, content of the crime, and the process of transaction before and after the crime, unless the defendant is led to confession. Since dolusence as a subjective element of the constituent element of the crime is the case where the possibility of occurrence of the crime is expressed as uncertain and it is acceptable. In order to have dolus negligence, the subjective element of the constituent element of the crime refers to the case where the possibility of occurrence of the crime is expressed as uncertain and the possibility of occurrence of the crime is recognized, as well as the awareness of the possibility of occurrence of the crime. Furthermore, the issue of whether the actor permits the possibility of occurrence of the crime must not depend on the statement of the offender, but on the basis of specific circumstances such as the form of the act committed outside and the situation of the act, etc., the possibility of occurrence of the crime should be confirmed from

(See Supreme Court Decision 201Do769 Decided April 14, 2011). B.

In full view of the following facts and circumstances recognized by evidence duly adopted and investigated by the court below and the court below, the defendant had an intention to obtain the victim C even if he did so, and the defendant deceivings the victim C as stated in the facts charged.