The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the victim of the mistake of facts was aware of the fact that he had been in arrears, such as rent of the said age club, at the time when he transferred the instant age club from the Defendant, and thus, the Defendant did not deceiving the victim.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The court below consistently stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① The victim had been in the state of receiving notification of the termination of the lease contract from the owner of the house when the amount of tax, such as the property tax to be paid by the defendant was unpaid to KRW 220 million from the investigative agency to the court below, and the defendant was requested to provide the name of the building upon receipt of notification of the termination of the lease contract from the owner of the house. The defendant requested the defendant to provide settlement by telephone. The defendant was fully responsible if he knows that he would not sign the contract with the defendant if he knew of this fact, he would not conclude the contract with the defendant. ② The victim introduced the victim to the defendant that "The victim was aware of the fact that the operation of the club did not occur due to difficulties in operating the club for 4 months, but the victim was also not aware that the rent was unpaid for 20 months, and the victim's statement that he could not be paid the deposit to the victim."