A. The Defendant is misunderstanding the facts to the victim D with the money to be given to the president of the neighboring private teaching institute with bad credit standing.

The degree of interest on the loan of the victim can be solved, and the victim will pay if necessary. It is necessary to pay the loan to the victim as the victim reduces the interest on the 1.5 to the 2nd of each month.

The victim was not accused of the victim due to the lack of the statement "...."

In addition, since the defendant has continuously repaid the borrowed money to the victim, the defendant did not have the intention to repay or ability to repay it.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

B. The punishment sentenced by the lower court (three months of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts is 1) The deception as a requirement for fraud refers to all affirmative or passive acts that have to be widely observed in the transactional relationship with property, and it does not necessarily require false indication as to the important part of a juristic act, and it is sufficient to establish the basis of judgment for an actor to conduct a disposal of property that the other party wishes. Thus, in a case where it is recognized that the other party to the transaction would not have been engaged in the transaction if he/she was notified of a certain circumstance, he/she has a duty to notify the other party of such circumstance in advance in accordance with the principle of good faith. Nevertheless, the failure to notify the other party of the fact that the other party would have deceiving him/her of the fact that it would not be notified, thereby constituting fraud (see, e.g., Supreme Court Decision 2014Do9099, Oct. 15, 2014).