The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant did not have any intention to commit the crime of defraudation of facts, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in mistake of facts.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged the aforementioned purport in the lower court’s determination of mistake, and the lower court, based on its reasoning, acknowledged that it is uncertain whether the Defendant could transfer a complete land ownership to the victims even if he/she received the land price from the victims, and received the land price, and thus, recognized the Defendant’s criminal intent to commit fraud. In addition, the lower court’s reasoning and the following circumstances, which can be recognized by the evidence duly adopted and investigated by the lower court and the first instance court, asserted that the Defendant carried out the land sale project in this case by securing business funds, such as obtaining additional loans from Y, but the Defendant did not definitely borrow money from Y at the time, and further borrow money from Y.

Even if it appears that a provisional registration or mortgage was inevitable to establish a provisional registration or mortgage on the land to be sold to the victims as security (the trial record 249 pages). Since the Defendant had already failed to cancel provisional registration established on the BV-Japan land as security for the existing loan loan deposit with Y, it would be difficult for the victims to transfer a complete ownership without restriction on provisional registration, etc. even if he borrowed additional money from Y, even if he borrowed it from Y, it would be difficult for the victims to transfer a complete ownership without restriction on provisional registration, etc. In addition, the Defendant could not expect because the employees concluded a false contract for sale in lots and concluded a false contract for sale