A. Since the Defendant had the intention or ability to repay 40 million won to the victim at the time of borrowing 40 million won, the Defendant did not have the intention to defraud the Defendant.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The court below reasoned that the defendant had no special property at the time of borrowing money from the victim and was in bad credit standing, and that the defendant purchased an apartment house of KRW 115 million,00,000,000 from the purchase price to the purchase price of KRW 118,000,00,000, out of the purchase price, and the remainder of the purchase price was fully borrowed from the victim and there was no money actually paid by the defendant for the purchase of the apartment. The defendant did not present objective evidence at all at the time of borrowing, and the defendant did not seem to have a fixed income for the defendant at the time of borrowing money from the victim, and the defendant did not appear to have used only KRW 45,00,000,000 as apartment purchase price, and the remaining 15,000,000,000,000,000 from the victim was not used for personal purposes, such as living expenses, and the defendant did not have to pay the principal for 200,000,0000 won,000.

Therefore, it is true.