A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

A. Defendant 1) misunderstanding of the facts or misapprehension of the legal doctrine, as the Defendant had the intent to repay the money from the victim F (hereinafter “victim”) at the time of borrowing the money from the victim F (hereinafter “victim”), and the Defendant acquired money from the victim.

shall not be deemed to exist.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence in June, and one hundred and twenty hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On September 23, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Jeju District Court, and the above judgment was finalized on February 12, 2016.

The crime of fraud and the crime for which the above judgment became final and conclusive, which the court below rendered against the defendant, are in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering the equity in the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment. Thus, the court below

However, the defendant's assertion of mistake of facts or misapprehension of legal principles is still subject to the judgment of this court regardless of the above reasons for reversal of authority.

3. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The intent of defraudation, which is a constituent element of the relevant legal principles, is to be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime, unless the defendant makes a confession. In the case of borrowing money from another person, if the other party did not respond to the preparation of funds to repay the borrowed money if he did not respond to the true notice, it would be a crime of fraud by notifying the other party of the fact that it goes against the truth as to the method of raising repayment funds.