The defendant's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) was committed by the J, and the Defendant was merely accompanied by the J or lent to use a bank account in a pro-friendly relationship, but the lower court convicted the Defendant of the facts charged, thereby misapprehending the legal doctrine, thereby misunderstanding the facts and misapprehending the legal doctrine.

2. Determination

A. In full view of the following circumstances, the lower court found the Defendant guilty of the facts charged of the instant case on the ground that the Defendant provided the victim with false facts as if he could directly acquire and operate the instant restaurant operation right, and received the money equivalent to the down payment from the person who believed the fact and received the money of the down payment from the victim who was erroneous.

1) The statements made by the victim are detailed, and the core statements made by H, which have been continuously negotiated with the Defendant by transferring the instant restaurant operating right, correspond to this, and the contents of each statement made by the victim and H include not only information that is difficult to easily understand if the Defendant does not mention in the situation at the time, but also information that is difficult to understand, such as the details of account transactions, text messages, etc., and the contents of each statement made by the victim and the victim, the personal relationship and face-to-face between the Defendant and the Defendant, the attitude of testimony at the court of the lower trial, and the purport of all statements made by the Defendant, etc., are credibility.

2) Circumstances acknowledged by the victim’s statement, i.e., the victim’s prior to the preparation of the instant contract for the acquisition of the business of this case, (i) the victim sent the defendant two first, and (ii) the defendant directly stated that “the defendant may have received the right to operate a restaurant within the D’s premises, and the victim may receive the right to operate the restaurant within the D’s premises,” and explained the current operation status of the restaurant, coffee shop, etc. at the time, and the expected number of food and food expenses in the future (74 pages of the investigation record), and (iii) the victim explained the instant case.