The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant does not have acquired a loan by deceiving the victim.

F is the bond company, the total amount of loans of KRW 200 million deducted from the amount of KRW 70,440,000 remaining after deducting the secured debt, etc. established on the land of the victim, and only KRW 40,000 was the defendant.

The defendant delivered all the money received from F to L, and the fact that L is using the above money was agreed in advance with the victim.

B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, it is recognized that the Defendant deceivings the victim and defrauds KRW 70,440,000.

1) Around October 2010, the victim knew that Q (F’s name) was well known to the Defendant. Around October 2010, the victim borrowed KRW 200 million from the victim’s land as collateral to use the land at the construction site B by borrowing KRW 70,440,000, which remains after arranging the money related to the land. If this is permitted, the victim stated that the victim would receive the above loan construction cost and make the victim’s investment in the Gyeonggi-si Single Housing Corporation and complete the construction within 3 months (Evidence No. 28 of the Evidence No. 28). The victim testified to the purport that the victim’s leading of the above loan was not L but the Defendant’s joint and several sureties. 2) The loan certificate (Evidence No. 21, No. 222 of the Evidence No. 3) prepared with the victim’s land lending as collateral and the Defendant’s wife is stated as a joint and several sureties.

(A) According to the Defendant’s statement, the Defendant stated the name of his father and wife. The evidence record No. 136, and the Defendant also stated F in his name 70,440,000 won.