The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant made efforts to implement the contents of the contract to the victim, the land of this case was put up for auction due to the defendant's economic difficulties in the process of delayed implementation due to the victim's fault. Thus, the defendant did not have the intent to commit the crime of defraudation.

B. The sentence of imprisonment (nine months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. The following circumstances can be acknowledged by the court below based on the evidence duly adopted and investigated. ① The Defendant entered into a sales contract with the victim on the instant land [the instant P land with a size of 430 square meters, out of 2218 square meters, prior to Incheon-gun, Incheon-gun, Incheon-gun prior to division (the instant P land after division)]. The contract deposit amounting to KRW 10 million on June 13, 2008, which is the date of the contract, shall be paid on June 27, 2008, the remainder of KRW 32 million, and the remainder of KRW 32 million shall be paid on July 22, 2008. (2) The Defendant did not pay the remainder of the land after acquisition (the instant land division). The Defendant did not pay the remainder of KRW 430,000,000 to the Defendant for a reasonable period of 200,0000 in the process of the investigation into the seller’s intermediate payment.”