A. 1) As to the fraud against the victim C among the facts constituting the crime in the judgment of the court below, the party who borrows money from the victim C is not the defendant, but the defendant's spouse, and the defendant only prepares and associates with the loan certificate. Therefore, the defendant did not have the intention to acquire it.

2) As to the fraud against the victim F among the facts constituting the crime in the judgment of the court below, although the J company intended to receive the balance from the J company and repay the balance to the victim F, it was merely a result of the company’s intimidation and thus, the Defendant did not have the intent to obtain the payment by deception.

B. 1) In full view of the following circumstances acknowledged according to the evidence duly adopted and investigated by the court of the lower judgment against the victim C, it can be sufficiently recognized that the Defendant, as stated in the facts constituting the crime in the judgment of the lower court, belongs to the victim C and acquired money from the victim.

0 The defendant 0 operated a clothes shop for women in Seodaemun-gu Seoul Metropolitan Government D with his spouse, and the representative in the business registration was the defendant.

Victim C and his spouse also operated the same kind of store in the same commercial building, and their spouses have been well aware of each other.

At the time of the instant case, the Defendant loaned money to the victim C through his spouse, and accordingly, the Defendant prepared a certificate of borrowing the name of his spouse and delivered it to the victim C through his spouse.

The defendant acknowledges that the defendant extended money to his/her spouse at the request of his/her spouse when money is necessary.

The defendant, who received money from the victim C through his spouse, used the money for his own business expenses and for the purchase of real estate.

At the time, the right holder of the building was also the one on which the right to collateral security was established with approximately one billion won.