The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant agreed to establish a right to lease on a deposit basis or a right to collateral security on the right to lease on a deposit basis (hereinafter “the right to collateral security”) to the victim foundation on the condition that the Defendant received KRW 100 million from F, a foundation for the victim (hereinafter “victim Foundation”) a subsidy for church exploitation.

However, in the process of granting subsidies for church exploitation, the victim foundation requested the defendant et al. to establish the right to collateral security on the instant building and its site, changed the requirements arbitrarily, and thereby the right to collateral security, etc. has not been established in the name of the victim foundation.

Therefore, there is no fact that the defendant et al. deceiving the victim foundation.

In addition, since the other party to the payment of the above church development subsidy is deemed to be the same as the D church in which the defendant is a pastor (hereinafter "the church of this case"), there was the defendant's intent to acquire the above money or to obtain the above money by fraud.

shall not be deemed to exist.

Nevertheless, the court below found the defendant guilty by reliance only on the statements of G, K, etc., a witness on the part of the victim foundation without credibility. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the imprisonment of 10 months and the suspension of the execution of 2 years and the community service order of 200 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, it is sufficiently recognized that the defendant and his wife conspired to establish a collateral on the building of this case and its site on the part of the victim foundation without intent to establish a collateral on the building of this case, and that he acquired the money by deceiving the defendant and his wife by receiving KRW 100 million of the support fund for developing the church of this case.

Therefore, the judgment of the court below.