All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 (1) 사실오인 ㈎ 피고인은 피해자 D으로부터 아포, 평택, 왜관 등 미군 부대에서 고철 등을 수거 및 반출하여 분해한 후 이를 다시 판매하는 사업(이하 ‘고철 사업’이라 한다)에 대한 투자금 및 차용금 명목으로 돈을 교부받은 것일 뿐, 그 과정에서 동두천 미군 부대 내 철거공사, 장비 반출 및 판매 사업(이하 ‘동두천 사업’이라 한다)에 투자할 것을 권유하는 등으로 피해자를 기망하지 아니하였다.

Although the Defendant actually invested the money received from the victim in the scrap metal business, the Defendant did not deliver the agreed earnings to the victim due to a decline in the scrap metal market, and there was no intention to acquire the money from the victim.

㈏ 피고인은 피해자로부터 별지 범죄일람표 연번 48, 51, 52, 58, 59번 각 편취금액란 기재와 같이 현금을 지급받은 사실이 없다.

(2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. A. Around November 15, 2014, the summary of the facts charged, the Defendant, at the office of “C”, a scrap metal business entity operated by the Defendant in Kimcheon-si B, Kimcheon-si, the Defendant made a false statement to the victim D, stating that “The Dong 2cheon-si project site is 3.60,000 square meters. For that business, the Defendant already placed 1.86 billion won in the Incheon Branch of the U.S. military unit. Around November 15, 2014, the Defendant sold equipment located therein and divided the profits by half.”

However, in fact, the defendant did not have been awarded the same 20 million won, and at that time, the defendant had no ability or intent to complete payment even if he borrowed money from the victim because he had not good credit standing, such as he had already been liable to pay more than 350 million won.

The Defendant, as above, deceiving the victim and deceiving him from the victim on January 12, 2015.