A. Criminal facts as stated in the judgment below 1

A. (1) As to port facts, the Defendant paid the interest on joint and several sureties to the victim C at KRW 1.6 million to KRW 17 million per month that was engaged in slaughter business from January 2015 to October 2015.

Therefore, it was found that the defendant was not able to repay the loan.

Therefore, the defendant has no intention to commit deception or fraud against the victim C.

Nevertheless, the court below which found the defendant guilty on the above facts of crime erred by mistake of facts.

B. The sentence of the lower court’s unfair sentencing (seven months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, (1) insofar as the criminal intent of defraudation, which is a subjective constituent element of a crime of fraud, is not a confession by the defendant, it shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing transactions before and after the crime. The criminal intent is not a conclusive intention but a dolusive intention (see Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008; 2007Do8726, Aug. 21, 2008; 2007Do8726, etc.).

A. (1) At the time of the commission of the crime in subsection (1), it is sufficiently recognized that there was the Defendant’s intent to commit deception and deception with respect to the victim C.

① At the time of committing the instant crime, the Defendant was addicted to sports gambling and exceeded obligations due to existing loans, etc.

② The Defendant did not pay a loan to the victim C, thereby making it difficult for the Defendant to pay a reduction of the amount of the loan, and the Defendant does not immediately pay a loan to the victim C with the guarantee.

“Along with the request of the Bank,” the total amount of KRW 35 million granted by the Bank shall be KRW 10 million and shall be KRW 2500,000,000,000,00.