A. Defendant (1) In relation to the guilty part of the victim C in the case of 2015 Godan3915 decided in the judgment of the court below, Defendant (1) had sufficient intent or ability to repay money from the victim at the time of borrowing money, and there was no intention to commit the crime of defraudation.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the court below that found the defendant guilty of this part of the facts charged on the grounds that the defendant had the intention to acquire money by deception without the intention of repayment or ability of repayment

(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

B. In relation to the part not guilty in the judgment of the court below, the prosecutor (1) can fully recognize the fact that the defendant was aware of the fact that he did not have the intent or ability to repay the money from the victim at the time of borrowing the money.

Nevertheless, there is an error of misunderstanding of facts in the court below that acquitted of this part of the charges on the grounds that there is no intention to obtain fraud.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable.

2. Determination

A. In full view of the evidence of the lower court’s determination as to the Defendant’s mistake of facts, misunderstanding of legal principles, in particular, C’s police statement, prosecutor’s office and police interrogation protocol of the Defendant, judgment, investigation report (suspect A credit information and property details confirmation), etc., the fact that at the time when the Defendant borrowed money from the victim as stated in the guilty part of the Defendant’s judgment, it was difficult for the Defendant to operate the credit business operated by the company with real estate games, etc., and the Defendant could recognize the fact that the Defendant borrowed money from the victim without notifying the above circumstances and failed to repay the money. In light of the above acknowledged facts, the Defendant is also deemed to have failed to perform the intent or ability to repay or obtain money.

In the end, this part of the facts charged is the deception and fraud.