The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case of mistake of facts is erroneous as follows.

① The amount of KRW 150,000,000 by [Attachment 1] No. 1 of the crime sight table of the lower judgment (hereinafter “crime sight table”) is merely the receipt of money from the victim who actually liveded with the Defendant while returning to the Defendant.

② AC (hereinafter referred to as “AC”) which is a motor vehicle parts business entity by receiving an investment of KRW 3 billion from the victim and receiving a part of the investment amount, as a sum of KRW 2.75 billion from Nos. 2 through 4.

In fact, the Defendant took over and operated AC with the investment money received from the victim, but the Defendant was unable to return the investment money to the victim because the Defendant failed to properly operate AC on the wind bound by separate fraud.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. The lower court, based on the facts and circumstances stated in its reasoning, determined that the Defendant could recognize the fact that he/she received money by deceiving the victim with the intent of defrauding the victim, such as the list of crimes.

In addition to the following circumstances acknowledged by the evidence adopted and examined by the court below as the reasons stated by the court below, the judgment of the court below is just and there is no error of law by misconception of the facts.

① In relation to the Nos. 1 of the crime sight table, the fact that the victim came to know of the defendant around March 2017, as alleged by the defendant, is recognized after the victim came to know of the defendant.

However, on April 18, 2017, the victim paid KRW 150 million to the defendant on April 18, 2017, and received the receipt certificate from the defendant that "to be received under the name of S bidding". The defendant conceals the fact that the defendant is under the status of bad credit and is under the judgment of fraud amounting to KRW 1.05 billion.