A. Although there is a fact that the defendant borrowed KRW 150 million from the victim, there is no deception by the victim, and since the victim remitted the above money to A's account without the consent of the defendant, there is no fact that the victim acquired the money of the victim.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to determine the mistake of facts, shall be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the details and contents of the crime, and the process of transaction execution

(see, e.g., Supreme Court Decisions 95Do424, Apr. 25, 1995; 96Do481, May 14, 1996). The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below.

1) At the time of committing the instant crime, A, who was known to the victim for three years from July 2009 that he had been the victim and for three years from around July 2009, told the victim that he would be able to purchase a mountain, and on October 9, 2009, the Defendant sought the victim together with A, and stated directly that “the victim would be 15 million won because there is a lack of money to purchase a mountain,” and the victim stated that “the Defendant would have borrowed 15 million won.” In addition, the Defendant made a relatively consistent and concrete statement from the investigative agency to the court of the trial at the court of the first instance, and made a confession of all the instant charges as stated in the Defendant’s statement from the investigative agency to the court of the court of the lower trial, and it was not true that the Defendant was deceiving, and the Defendant denied the instant charges. The circumstances and other circumstantial evidence leading to the confession of the Defendant.