The defendant's appeal is dismissed.

1. The defendant, as stated in the facts charged, did not talk about the feasibility of the stone collection of this case to F or deception by soliciting stone collection projects as stated in the facts charged, the court below acknowledged that the defendant, by misunderstanding the facts, deceiving F, thereby deceiving F, thereby deceiving the defendant as a subcontract deposit amount of KRW 98 million.

2. Determination

A. According to the reasoning of the lower judgment and the evidence duly admitted and examined by the first instance court, the following facts can be acknowledged.

(1) Around August 7, 2006, the Defendant entered into a contract with D (Death on August 9, 201), the actual owner of H, under which “the right of quarrying permit” was acquired from Da (hereinafter “the instant stone collection site”) for the “Yannam-gun, Chungcheongnam-gun, and 2 parcels of land (hereinafter “the instant stone collection site”) (the trial record page 64 pages). Doshe entered into a contract with H to receive the instant stone collection project from Ha around October 2006, and paid 200 million won to D as the subcontract deposit (the evidence inspection 2: 153 pages and 159 pages), and the Defendant did not directly perform the instant stone collection contract with D on December 28, 2006, but the Defendant did not directly perform the instant stone collection work with 20 billion won on the ground of the subcontract deposit 300 million won (the subcontract deposit and 200 OM).

⑹ 피고인은 2007. 7. 7. 무렵 D으로부터, 피고인이 이 사건 채석장과 관련하여 투자한 금원을 5억 1,000만원으로 정리하여 그 중 3억원은 2007. 8. 30.까지 지불하고 나머지 2억 1,000만원은 D이 채석 허가증을 타인에게 양도하는 즉시 이를...