The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, under the name of the Defendant, intended to purchase and acquire two bonds in the name of the Defendant, only lent the name of the purchaser of the house to C, and there is no conspiracy with C, etc. to acquire the victims’ money by acting as a false lessor, as stated in the facts charged in this case.

However, the court below found the defendant guilty of the facts charged in this case. The court below erred in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can be seen as denying the confession of the facts charged of this case from the police investigation to the trial process of the court below, which led to the reversal of this case. As such, unless there is any explanation that the defendant's confession statement, which recognized his criminal act with the assistance of counsel in the court, can be easily rejected.

The testimony of the witness C at the trial court only corresponds to the facts charged in this case, and cannot be viewed as a circumstance where the defendant's confession statement at the trial court is rejected.

Therefore, the lower court’s judgment that found the Defendant guilty of this case’s facts charged in accordance with the Defendant’s legal statement and the above evidence is justifiable. Therefore, the Defendant’s allegation of this part

B. As to the wrongful assertion of sentencing, the sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first trial that is respected under the principle of trial priority and the principle of directness that our criminal litigation law takes, and the ex post facto core character of the appellate court, the sentencing shown in the first trial sentencing process.