The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant believed that tinsan Development Project exists and explained this fact to the victim and received KRW 300 million, and did not have any intention to deceive the Defendant.

Nevertheless, the court below erred by misapprehending the facts and misapprehending the legal principles on fraud, thereby finding the Defendant guilty.

B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, fraud is established by deceiving another person to take property or gain pecuniary advantage by inducing such act of disposal (see Supreme Court Decision 2000Do1155, Jun. 27, 200). Meanwhile, if a certain act constitutes deception that causes a mistake of another person and is related to such deception and disposal of property, it shall be determined generally and objectively by taking into account the situation of transaction, the other party's knowledge, character, experience, occupation, etc. (see Supreme Court Decision 87Do1872, Mar. 8, 198). Accordingly, in cases where a victim's act of disposal of property or the defendant's act of inducing such disposal is closely related to the failure or performance of any business that the defendant plans, it shall not be determined by taking into account the possibility of the victim's act or the defendant's occupational success in the pertinent business and the circumstances of the victim's occupational success in the pertinent business, and shall not be determined in relation to the pertinent business.