The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the fraud against the victim F by mistake of fact, the Defendant paid L, at the request of the victim, an appraisal of KRW 10 million paid by the said victim, to the victim, and used H and 20 lots (hereinafter “the instant real estate”).

Nevertheless, the defendant did not have any intention to deceive the above victim merely because L has not undermined appraisal.

B. The sentence of the lower court’s unfair sentencing (4 months of imprisonment, 2 years of suspended sentence, 120 hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, the Defendant may sufficiently recognize that the Defendant, even if receiving money from the injured party, knew that it would not harm the appraisal of the instant real estate or at least did not do so, acquired money from the victimized Party F as stated in the facts constituting the crime of the lower judgment, and the fact that the Defendant submitted in the trial alone is insufficient to reverse this.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

1) The Defendant is entitled to appraise the instant real estate by the appraisal corporation.

At the same time, 10 million won was paid in terms of the appraisal cost.

At the time of receiving the above money, both the defendant and L did not work in the appraisal corporation.

In addition, the defendant had been well aware that L was not working for the above corporation (No. 104 of the evidence record No. 1, No. 2 of the evidence record), and the defendant had already filed a complaint on the ground that L was acquired by deception as the cost of appraisal and assessment before the instant case.

In other words, L's appraisal costs are assessed when entrusting L's appraisal of real estate in his/her name.