A. Defendant (1) In light of the fact that there was considerable property and revenue for the Defendants at the time of the instant case, and the Defendants’ relocation to New Zealand and did not make payment for damage for twenty (20) years, the fact that it cannot be the standard for determining the criminal intent of defraudation due to the circumstances after the act was committed, and the fact that the record book prepared by the victimO cannot be calculated based on the fact that it was difficult to believe that it was difficult to do so, it cannot be deemed that there was a criminal intent to commit fraud to the Defendants at the time of each act in

On the contrary, the judgment of the court below which found the defendant guilty by deceitation is erroneous in misunderstanding of facts or misunderstanding of legal principles.

(2) The sentence imposed by the lower court (three years of imprisonment with labor for Defendant A and one year of imprisonment with labor for Defendant C) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. (1) The judgment of the court below also asserted the same purport as the grounds for appeal, but the court below rejected the Defendants’ assertion and recognized the Defendants’ fraud on the following grounds.

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendants did not have the intent or ability to repay the loan or loan even if they borrowed money from the victims or received the loan from financial institutions under the joint and several guarantee of the victims from March 1, 1997, and (2) the victimO continued to receive a request for the settlement of the existing amount of the credit feed on the ground that “the continuous increase in the amount of the domestic feed cost has reached approximately KRW 100 million” from August 1, 1997, even if they were to be supplied with the domestic feed continuously from the victimO.