Defendant

1) The Defendant was unable to return money borrowed from the victim to others such as G and H, and each bill of exchange in the amount of KRW 73 million and KRW 46 million held by the Defendant was defaulted, and thus making it impossible to repay the money to the victim as agreed, and even though there was no intention or ability to repay the money at the time of borrowing, the lower court convicted the Defendant, which erred by misapprehending the fact and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the lower court on unreasonable sentencing (one year of imprisonment) is too unreasonable.

The above sentence of the court below is unfair because it is too unhued.

Judgment

1) As to the Defendant’s assertion of mistake of facts, the crime of defraudation, which is a subjective constituent element of fraud, cannot be determined by comprehensively taking account of the objective circumstances such as the financial history of the Defendant before and after the commission of the crime, the environment, the details and details of the crime, and the process of transaction performance (see, e.g., Supreme Court Decision 2008Do11718, Apr. 9, 2009). 2) The following circumstances are acknowledged according to the evidence duly adopted and investigated by the lower court.

(A) At the time of each of the instant crimes, the Defendant: (a) primarily borrowed money from the victim to borrow money from the victim; or (b) held that “a person who borrowed money from the other party to borrow money from the other party” or “a person who can repay money within a few months; and (c) concluded that the Defendant would believe the Defendant’s self-reliance.”

(B) First of all, the Defendant asserts to the effect that the Defendant borrowed money from the victim to lend money to G, H, I, and J, but that there was an unexpected situation, such as the failure to repay the borrowed money or the failure to repay the secured bill, etc., but the Defendant asserts on the record of the instant case.