A. In fact, the Defendant did not talk that the Defendant would use the money borrowed from the victim as the hospital expenses. In fact, the Defendant borrowed money from the Defendant with intent to repay his/her loan obligations when he/she is employed, but was unable to repay his/her money due to his/her failure to be successful in employment. Therefore, the Defendant did not have the intention to commit fraud

Although the court below did so, the defendant by deceiving the victim, thereby deceiving 38.5 million won.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant can be recognized that the defendant deceivings the victim and defrauds the victim of KRW 38.5 million, so the defendant's assertion is without merit.

(1) At the time of borrowing money from the injured party, the Defendant had already been liable for considerable amounts of debt to various lending companies, such as love.

(2) The Defendant only used the money that he/she has received from the injured party for the repayment of personal debts, communication expenses, living expenses, etc., and no fact exists that his/her mother uses it

(3) The injured party consistently from an investigative agency to the original court’s court, “The Defendant has lent surgery expenses to another person.”

“The statement was made”.

In addition, the victim was economically unfortunate, and the loan was received from four lending companies that lent money to the defendant in this case.

If the mother is not an surgery but an individual purpose, such as living expenses, etc., it is difficult to suggest that the injured party will receive a loan and lend money to the defendant already hedging.

Therefore, the victim's statement is highly reliable, and the defendant's appeal is changing.