The defendant's appeal is dismissed.

A summary of the grounds for appeal 2016 High Order 3089 case (misunderstanding of facts) did not mislead the victim E, as stated in the facts charged.

The Defendant did not have conspired to commit the fraud against G and the victim H by mistake of the fact in the 2016 Highest 5346 case.

The punishment of the court below (one year of suspended sentence in April) which is unfair in sentencing is too unreasonable.

Judgment

The following circumstances can be acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding the facts in the 2016 High Order 3089.

The Defendant stated that he received money from the victim E for the purpose of promoting the F Park Cemetery redevelopment project (Evidence No. 56,57). The Defendant, upon the Defendant’s statement, did not obtain a written consent from the Plaintiff, the actual owner of the said Park Cemetery (Evidence No. 57 pages). M also provided oral consultation with the Defendant in relation to the redevelopment project of this case, and the project did not proceed.

The Defendant made a statement (173 pages of the trial record). The Defendant did not have any filing of a report on construction necessary for the redevelopment project of the instant case, or any application for permission related thereto (Evidence No. 153 pages). The Defendant also vindicateed to the effect that the redevelopment project of the instant case was nonexistent due to the failure of the victim to pay the agreed investment

However, according to the Defendant and L’s statements, the total project cost of the redevelopment project of this case is 12 billion won worth without consideration (Evidence No. 149 pages, trial records No. 99 pages), and the Defendant decided to invest the damage in the above 12 billion won.

Although the assertion is made (319 pages of the trial records), there is no document such as a written agreement to recognize it.

M also did not introduce a person who would procure 12 billion won project cost from the defendant in the court of original instance.

The Defendant made a statement (the trial record 184, 189 pages). The Defendant, at the police station, sold the amount of KRW 5 million per cemetery per cemetery to the victim and sold the amount of KRW 1,50,000,000 per cemetery to the victim.