The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event that the Defendant received KRW 300 million from the injured party, the Defendant did not deceiving the injured party by stating that the price of the disposition that was filed by M was resolved and that the disposition was resolved, and the time of resolving the above provisional disposition that was agreed at the time is “when the civil lawsuit is concluded between the injured party and L”.

In addition, the Defendant, after a judgment of the first instance court on the “civil action between the victim and L” was rendered, performed the above agreement, such as filing an application for an order to file a lawsuit against M, and thus, the Defendant deceiving the victim.

shall not be deemed to exist.

B. The punishment of the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine is based on the following circumstances acknowledged by the evidence adopted and investigated by the lower court, i.e., the receipt prepared and issued by the Defendant to be received in order to resolve M’s provisional disposition, and ii) the victim received KRW 300 million while resolving M’s provisional disposition.

The testimony was made and Qua, a sales broker, testified that the defendant received KRW 300 million for the purpose of resolving the provisional disposition of M. The defendant testified that the defendant received KRW 300 million for the purpose of resolving the provisional disposition of M. ③ The prosecutorial office stated that "the defendant received KRW 300 million in consideration of the cancellation of the application for provisional disposition by giving money equal to shares to M," and that "the defendant did not directly contact M even after receiving KRW 300 million, and there was no fact that the defendant asked M to cancel the provisional disposition by directly communicating M. Even when receiving KRW 300 million, the defendant used his factory or personal debt repayment; ④ If the victim is responsible for nonperformance of the contract, such as the defendant's assertion that he received KRW 300 million in intermediate payment, and the victim fails to comply with the deadline for paying the remainder, the amount received from the injured party shall