The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have any act of deceiving or deceptioning the victim by paying 40 million won to the appraiser in cash and making efforts to conduct an actual appraisal and assessment.

In addition, the actual victim of the instant case is not only D but also N.

Nevertheless, as the court below found the defendant guilty, the court below erred by misapprehending the legal principles.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal. As to this, the lower court clearly confirmed that the name of the instant monetary amount is appraisal expenses even based on the victim’s alternative consistent statement or witness N’s statement; Defendant paid KRW 40 million to M as an appraisal or did not submit any objective data to prove that M actually performed appraisal or preparation work; Defendant had extended the date of sentencing a separate criminal case at the time of the instant case several times, and thus, the preparation of an agreement was very important issue; Defendant used the check received from the injured party as an appraisal expense even after using the check as the amount of the said criminal agreement.

The judgment of the court below is justified when comparing the above judgment with records. The judgment of the court below is justified.

Defendant entrusted M with an appraisal and continued the appraisal, and paid KRW 40 million at the appraisal cost.

One of the arguments is that there is no objective evidence other than the O's statement.

In light of the amount of the above appraisal cost, transaction practices, etc.