The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant merely changed the introduction fee of KRW 30 million as originally promised, and did not make a false statement that the nominal money of the construction deposit required for the construction agreement with E, as stated in the instant facts charged, was additionally required.

B. The sentence of the lower court (a prison term of 10 months, a suspended sentence of 2 years, and a community service period of 240 hours) is too unreasonable in consideration of the various unfair circumstances in sentencing.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of factual mistake, and the following circumstances revealed by the victim C’s investigative agency and the statement from the victim C’s investigative agency to the court of the lower court, the lower court’s determination that the Defendant received KRW 20 million from the damaged party (hereinafter “the instant agreement”) by fraud as if it would be reversed the agreement on the acceptance of golf course trees and tree transplantation works with E (hereinafter “instant construction works”) without additional payment of KRW 30 million to the victim’s personal purpose as stated in the instant facts charged, is correct, and there is no error in the misapprehension of the facts alleged by the Defendant.

① The victim, upon entering into the instant agreement and paying KRW 50 million for the construction deposit, paid the instant money in 20,000,000 to 50,000,000 won for the construction deposit. With respect to KRW 50,000,000 for the construction deposit, he/she received only a receipt in the name of D without any separate agreement, and received only a receipt for the instant money from the Defendant, and he/she demanded “D additional money” from the Defendant. After the construction of the instant case was born, the victim shall be E.