A. The defendant of mistake of facts borrowed money from the victims and engaged in bond business to the surrounding petty merchants by means of the number of days, etc., and the defendant was not able to recover money from the debtor and was unable to repay it to the victims, so the defendant did not have any criminal intent to acquire the borrowed money. Therefore, the judgment of the court below which found the defendant guilty of the facts charged

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of misunderstanding of facts. Since the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, is not the confession of the defendant, it is inevitable to determine by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing the transaction before and after the crime, and the criminal intent is not a conclusive intention but a willful intentional intention.

(2) According to the evidence duly adopted and examined by the court below, the defendant was unable to recover money from the debtor in the corporate bond business by means of number of days, etc., and the defendant borrowed money from the victims, and used the above borrowed money again to conduct corporate bonds business, such as the number of days, etc., and the defendant at the time of the instant case can be recognized as having no special property or income. Thus, according to the above acknowledged facts, it is reasonable to deem that the defendant could not recover the borrowed money by means of the number of days, etc., and if so, he could not repay the borrowed money to the victims. Thus, the defendant's assertion that there was no criminal intent to obtain money from the victims at the time of borrowing money from the victims that there was no criminal intent to obtain money from the victims.

B. We examine the judgment on the assertion of unfair sentencing, and the lower court did not recover the Defendant’s pecuniary gain or loss due to the circumstances unfavorable to the Defendant.