The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, secured 50% of the H removal right to the victims, stated that the remainder is expected to secure, and did not deceiving the victims, and 100 million won paid by the victims shall be invested in the operating fund to purchase scrap metal from the Defendant in the future.

B. The sentence that the court below rendered unfair sentencing (the penalty amounting to KRW 10 million) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances revealed in the evidence duly adopted and examined by the lower court, the Defendant acquired 50% of the H removal right.

This part of the defendant's assertion is not accepted, since it is sufficiently recognized that the victims have been informed of the victims and received KRW 100 million from the victims due to the advance payment of scrap metal generated from the removal work.

피해자들은 수사기관 이래 원심에 이르기까지 일관되게 피고인이 H 철거권 중 50% 는 자기가 땄고, 나머지도 앞으로 따겠다고

payment of KRW 100 million in advance in order to purchase scrap metal from the removal works.

statement is made.

Although the victims paid KRW 100 million in advance, they did not prepare a contract or receive a receipt, there is a practice in which the Defendant believe that the removal was originally made at the time of investigation by the police, and there is a case where the Defendant does not exchange the receipt of the contract because it was trusted and traded.

The statements have been made (150 pages of investigation records). The fact that there is no receipt for the contract, alone, is insufficient to reverse the credibility of the above statements by the victims.

The defendant, who was the operator of H-transfer site development project, was paying the cost for the removal project through S with the representative director of the K-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U