The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. Since the Defendant had intent and ability to divide land between the victim and the victim at the time of concluding the service contract with regard to the division of land, there was no intention to acquire the property by deceiving the victim.

B. The sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination:

A. The Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion in full view of the following circumstances, and the record reveals all the circumstances acknowledged by the lower court. Therefore, the lower court’s determination that the Defendant was granted KRW 58 million by deceiving the victim is justifiable.

Therefore, the defendant's assertion is not accepted.

(1) The Defendant was already aware of the fact that it is not easy for the court to obtain permission to divide land into real estate owned by the victim because regulations have been strengthened in advance from Hongcheon-gun, thereby allowing the victim to conduct the said division of land within 60 days.

② The Defendant used all money received from the victim for personal purposes, such as remitting money to the wife under the name of living expenses, which is irrelevant to the division of the instant land.

③ On April 16, 2011, the Defendant’s children died, and on May 6, 2011, the Defendant himself was unable to conduct land division due to the reasons that he was in the heart surgery. However, on June 14, 2011, the Defendant performed his duties, including departure from the Republic of Korea on June 14, 201, immediately after receipt of an application for permission for land division, but did not perform land division any longer after return.

B. The fact that the defendant denies and does not reflect the instant crime until the trial on the grounds of unfair sentencing is considered to be disadvantageous to the defendant.