The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was actually engaged in the primary apartment construction business, and the victim was well aware of such circumstances as a real estate broker, and thus, he/she had the intent to commit fraud against the Defendant.

subsection (b) of this section.

B. The sentence that the court below sentenced to the defendant is too unreasonable (eight months of imprisonment).

2. Determination

A. The following facts and circumstances acknowledged based on the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts: ① Unlike the defendant and the victim explained, H Co., Ltd. did not become final and conclusive on December 6, 2007 to lend 10 billion won funds to L Co., Ltd., which was substantially operated by the defendant, and I Co., Ltd., which was the contractor, did not provide joint and several sureties for the above loan; ② as alleged by the defendant, the injured party was a real estate broker, and the injured party was well aware of the progress of the multi-unit apartment construction project as alleged by the defendant.

It cannot be determined: ③ Defendant and C did not confirm the loan of the PF fund as seen earlier; Defendant and C did not confirm the loan of the PF fund; even if the joint and several guarantee of the Si construction was not achieved, the PF fund loan was finalized and the Si construction has jointly and severally guaranteed by the

Since the victim defrauds KRW 100 million in the name of the value of rice judgment with respect to a person in charge, as alleged by the Defendant, it is difficult to readily conclude that the Defendant has no criminal intent to commit the crime of defraudation solely on the sole basis that he/she was in possession of an attitude to actually promote the main apartment project, as alleged by the Defendant. In light of the fact that the Defendant, in collusion with C and by deceiving the victim, obtained 100 million won as stated in the judgment of the lower court, by

I would like to say.

Therefore, the defendant's above assertion is without merit.

(b).