The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the size of assets and ordinary interests of Co., Ltd. B, in which the defendant had operated a mistake of facts, there is no reason for the defendant to acquire 300 million won from the victim, and there is no intention to acquire by fraud.

In addition, as stated in the facts charged, the construction design of E hotel was received by the victim to the relevant Gu office.

In addition, there was no statement that the permission was granted within three months since the consultation was already held, and the E hotel development project was normally carried out at the time, and the ownership of the above hotel site was completely acquired by the defendant corporation B, so the PF loan was not in a bad condition.

Rather, since the victim did not invest KRW 700,000,000, which was promised to invest in the defendant, the above E hotel development project was failed and the victim could not return the already invested KRW 300,000.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. The deception as a requirement for a judgment of fraud as to the assertion of mistake of facts means active or passive act that has a good faith and good faith to be observed by each other in the transactional relationship of property, causing an error to the person. It is sufficient that the other party does not necessarily have to be involved in an important part of a juristic act, and that it is sufficient that the other party is based on the facts of a judgment for conducting an individual disposal act.

Therefore, it is within a certain period of time even if a person who has been invested at the time of the investment agreement uses the investment fund to explain to investors after receiving the investment fund from investors.