A. In light of the fact that the Defendant actually used the money borrowed from the victim as a security deposit for the sale of a scenic book, the Defendant invested KRW 989,823,00 with R in order to operate the money, but the attraction of investment promised by M was not realized, and the Defendant’s active property was more than the negative property at the time of borrowing money from the victim, it is difficult to deem that there was a criminal intent to commit fraud by the Defendant. Since the Defendant used the money borrowed from the victim by J, the lower court recognized the Defendant’s total amount of KRW 150,000,000,000,000,000 won, which was only KRW 100,000,000,000,000 won, which was only KRW 150,000,000,000,000 won, it erred by misapprehending facts or by misapprehending legal principles, which affected the conclusion of the judgment.

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

2. Fact-finding and misapprehension of legal principles

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall not be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the contents of the crime, and the process of transaction execution,

(See Supreme Court Decision 95Do424 delivered on April 25, 1995, and Supreme Court Decision 2004Do3515 delivered on December 10, 2004, etc.) (b).

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the existence of the crime of deception, it is reasonable to deem that the defendant did not have the intent or ability to repay the above money at the time of borrowing the money from the victim. Therefore, the above argument by the defendant is without merit.

1) At the time of committing the instant crime, the Defendant’s real estate under Article 13 subparag. 12, Nam-gu Incheon Metropolitan City’s 13th century (hereinafter “real estate located in human beings”) (hereinafter “real estate”).

) The location of Gwangju City T-si No. 202 of the second floor of the T-dong T-Dong (hereinafter referred to as "Biju") shall be 200 million won and 10 million won.