The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to purchase 1,569 square meters prior to the Daegu Dong-gu N, Daegu-gu N, 837 square meters prior toO, and 744 square meters prior to P orchard (hereinafter “H land”), the Defendant: (a) obtained a loan of H land as security; (b) paid the remainder of KRW 120 million to H land; and (c) obtained a loan of H land as security; and (d) made a payment of the remainder of KRW 120 million as KRW 44,826 square meters in J-gu, Busan-si (hereinafter “J land”); and (c) obtained a loan of J land as security or made a payment by J land.

According to the above sales contract, the Defendant paid KRW 100 million to the victim as down payment and intermediate payment, and the remainder KRW 100 million was used as costs for changing the use of J land, and only the remainder of KRW 120 million was not paid due to the change of use of J land.

Therefore, there was no intention to commit fraud against the accused.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances found by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the part that can be changed into a factory site among J land is about 40%, and the part that cannot be changed to use is about 60%, and the Defendant did not notify the victim of such fact (Evidence No. 130%) even if he was well aware of such fact (Evidence No. 130), ② the Defendant spent only 7 million won as the cost for changing the use of J land among loans of KRW 100 million, and the remainder was paid as interest on the existing loan of J land (Evidence No. 242 pages), ③ there was no difference in the fact that the Defendant applied for change of the use of J land to the G View, ④ the Defendant used the temporary name of “S” and the resident registration number was recorded falsely while concluding a sales contract with the victim.