The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the crime of misunderstanding of facts and misunderstanding of legal principles, as to the crime of deceiving KRW 163 million around April 2017, the Defendant stated that if the victim lent the above money to the victim D, the Defendant would repay the above money to N, which is its own investor, and in fact, the Defendant would actually repay the above money to the victim with the above money borrowed from the victim, and thus there is no intention to commit deception or fraud against the victim. 2) As to the crime of acquiring KRW 300 million in total around December 22, 2015 and around March 3, 2016, the victim's son was well aware of the Defendant's business contents and situation, and the Defendant used most of the money borrowed from the victim for the actual purpose of business expenses, there is no intention of deception or fraud against the victim.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On April 2017, the judgment of the court below and the court below on the fraud of KRW 163 million, which can be recognized by the evidence duly admitted and investigated by the court below, namely, ① even if the defendant talks about the victim's use of the money to be borrowed, if the victim was unaware of the intent or ability to repay the money, it can be recognized that the deception or fraud can be recognized. ② The defendant borrowed several amounts of money from the victim before and after the loan of KRW 163 million from the victim, and seems to have been said that the victim had a considerable asset or business had been operated smoothly. ③ Accordingly, the defendant borrowed money of KRW 163 million on the premise that he/she had the intent or ability to repay the money when he/she borrowed the money from the victim, and also the victim can receive it in light of the property or business status that the defendant told.