The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, at the time of providing real estate owned by the victim as a security (hereinafter “the instant security”), the victim E explained that even if the Defendant was provided with a security equivalent to KRW 250 million,00,000,000, it could be supplied only with a high amount of KRW 80,000,000,000, since there was a debt of KRW 170,000,000 for the Defendant’s unpaid payment from M of the dives cooperative (hereinafter “nives cooperative”) at the time of providing the said real estate owned by the victim as security (hereinafter “the instant security”). In light of the fact that the victim participated in the Defendant’s business as a partner and was sufficiently aware of the Defendant’s assets and credit status at the time of the Defendant’s participation, there was no intention

Therefore, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the facts charged of this case.

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

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s judgment as to the assertion of mistake of facts, the Defendant was provided with security by deceiving the victim as stated in the instant facts charged without the intent or capacity of payment with the intent to obtain payment with the criminal intent of deception, and it is sufficiently recognized that the Defendant had the intent to obtain deception and deception.

Therefore, the judgment of the court below is not erroneous, and the defendant's above assertion is without merit.

① The victim provided the victim’s real property as security from the investigative agency to the court below’s trial, and the Defendant paid KRW 300 million in total, including KRW 250 million for termination of the right to collateral security, and KRW 50 million for profit, within 15 days thereafter (hereinafter “instant agreement”), and at the time of providing the instant security, the Defendant’s obligation to both money associations, etc. against each other.