The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant did not have the intention of fraud and illegal acquisition.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant recognized the facts charged at the lower court’s judgment on the assertion of mistake of facts (42,67,68 pages of the trial record) and made a statement to the effect that an investigative agency recognized the facts charged.

[Evidence List Nos. 24 and 9 of the police interrogation protocol against the defendant 24, and No. 30 of the evidence list No. 17 of the prosecution interrogation protocol against the defendant 30 of the evidence list] The above circumstances are fully recognized by the evidence duly adopted and investigated by the court below. In full view of the following circumstances, the defendant could be sufficiently recognized that he/she obtained gold and cash equivalent to KRW 30 million by deceiving the victim C and obtained it, so the defendant's assertion of mistake of facts is without merit.

1) Around March 16, 2017, the Defendant purchased gold at a price higher than that of the gold at the face of the city through B. Around March 16, 2017, the Defendant stored the gold in the face of the city and returned the gold with interest equivalent to 1.5 money for each month. The Defendant received a sum of 30 million won and cash from the victim. However, the Defendant used the gold purchased from the victim as a part of the gold received from the victim to manufacture the products at the factory or purchase it with the remainder of the money received from the Hong Kong without purchasing it, and then used it to import it from the company, etc. (the 30 Defendant’s suspect interrogation paper against the Defendant 30 Defendant in the evidence list). The Defendant did not keep the victim’s gold at any time and did not pay interest at all to the victim on June 31, 2017.