The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of mistake of facts, the Defendant was aware that child-care centers will be established in Cuniversity D Hospital because it is imposed on an employer who did not establish workplace-care facilities if the Yeongdeungpo Early Childhood Education Act was revised, and the victim thought that child-care centers will be operated in the same business as the Defendant and the Defendant would have paid money to the Defendant, so the Defendant did not deceiving the victim.

B. The sentence imposed by the lower court (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 2014, the Defendant stated that “A university D Hospital established and directly manages workplace childcare facilities” with the victim B at the insular area of the following regions: (a) around September 2014, the Defendant prepared a lease deposit, thereby allowing B to work as the president of the said nursery facilities if he/she takes place.”

However, in fact, C University D Hospital did not have a plan to directly manage the workplace childcare facility, and the Defendant did not have little knowledge about the operation of the said childcare facility, and the lending company borrowed more than 40 million won from the lending company at the time, and bears excessive obligations, such as overdue debts, and even if receiving money from the victim, it was planned to use it in repayment of the individual debt, so even if receiving money from the victim, there was no intention or ability to pay the money as a deposit for the lease of the said childcare facility, or to have the victim work for the head of the said childcare facility.

As above, the Defendant received KRW 10 million from the victim to the E bank account under the name of the Defendant on September 25, 2014 as the lease deposit, and the Defendant was transferred to the E bank account under the name of the Defendant around September 25, 2014, and the sum of KRW 90,12 million between around that time and October 8, 2015.