A. The Defendant, as indicated in the facts charged in the instant case, misjudgments the fact that “I will exchange a bill only once, immediately enter the cost of construction. I will not see. E. I would immediately settle the price of the bill.” There was no deception by the victim D. There was no previous exchange of the bill of exchange with the victim prior to 100 occasions, the exchange of the bill of exchange with the victim of the instant facts charged merely intended to provide financing between the victim and the victim, but did not have the intention of defraudation.

B. The two-year sentence of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to determine the mistake of facts, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The criminal intent is sufficient not to be a conclusive intention but to be dolusent intention

(2) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, that the Defendant voluntarily stated that there was no capacity to pay the amount of the promissory note even if the said promissory note was issued to the victim due to the claims that should be paid first at the time of the issuance of the said note under his/her name (see, e.g., Articles 1 and 2). In light of the fact that the Defendant had no capacity to pay the amount of the said note at the time of the issuance of the said note, the Defendant could fully recognize the fact that he/she was unaware of the fact that there was no capacity to pay the amount at the time of the issuance of the said promissory note as stated in the facts charged in the instant facts charged, by deceiving the victim as stated in the instant facts charged, thereby deceiving the victim, thereby obtaining a promissory note, cash, etc. issued by the victim.

Therefore, the judgment of the court below that convicted the charged facts.