사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error or misunderstanding of legal principles) recognized that the Defendant had the intent to commit a crime by deception although the Defendant had had sufficient ability to repay and had intent to repay. The court below erred by misapprehending the legal principles or by misapprehending the legal principles which affected the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① with respect to the fraud of KRW 10 million against the victim D after six months from the date of borrowing, which was promised to pay the loan, around November 26, 2009, the defendant did not pay the loan but used to repay other debts, or the defendant did not pay the loan to a third party at a time of 2008, because he did not pay the loan but did not pay it. It is not consistent with the statement about the ability to pay or intent to pay the loan. It is sufficient and consistent to acknowledge that the defendant did not receive the loan from 0 months from the date of borrowing the loan to 6 months after the date of the agreement, and that the above loan was not paid to 10,000 won from the date of borrowing the loan to 10 months from the date of borrowing the loan, and that the defendant did not have any other specific and consistent ability to pay the loan to 10,000 won from the date of borrowing the loan, and there is no other specific and consistent evidence that the defendant's statement or intent to pay the loan.