A. The Defendant had the intent and ability to make the victim get a loan of KRW 80 billion by scams at the time of receiving advance payment, and thus, the Defendant did not have the intention to commit the crime of defraudation.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s intent of deception and deception is sufficiently recognized in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

A) The Defendant presented a false deposit trust certificate in the H’s name issued by the Korea City Bank to receive a loan of KRW 80 billion from an injured party who was seeking a permanent F Hotel business acquisition fund, and would provide a loan of KRW 80 billion if the Defendant paid KRW 30 million in advance.

In this regard, it was issued by the injured party with loan-related documents, such as a certified copy of the register of the corporation operating company.

B) On May 2, 2013, the Defendant, under the name of D (State) operated by himself, entered into a joint agreement with D (State) providing that a company operating the instant instant resort shall raise funds of KRW 80 billion to the company operating the instant resort, but shall receive 20% distribution of business profits, and entered into a special agreement with the said company to immediately return KRW 30 million to the said company if the said funds are not raised within one month. On the same day, the Defendant received KRW 28 million from the injured party.

C) The Defendant failed to raise funds at all for the lapse of one month, thereby demanding the victim to obtain a loan from the injured party, and demanding the victim to make an additional document in trust and on a bridge.