A. As to the crime under Paragraph (1) of the crime of the lower judgment, the Defendant did not receive USD 1,000 from the victim.

B. As to the crime stated in paragraph (2) of the crime of the lower judgment, the Defendant was unable to repay USD 500 from the victim. However, at the time of borrowing, he/she had intent and ability to repay it, and he/she was not paid due to additional expenses and settlement of the amount that the Defendant would have received from the victim, and there was no intention to acquire money from the victim by deceiving the victim.

2. Determination

A. As to the crime described in paragraph (1) of the facts charged, the following circumstances acknowledged by the lower court and the first instance court, namely, ① the victim made a concrete statement about the circumstances of delivery of USD 1,00 to the defendant, ② the victim made a consistent statement at an investigative agency to the court of the lower court, ② the Article 3 of the International Marriage Contract prepared between the defendant on March 29, 2013, stating that “the amount of KRW 1,000 shall be separate from the personal money,” ③ the victim purchased USD 1,50 on April 3, 2013, which was before departure from Mongolia, and the victim made a purchase of USD 1,500 on April 3, 201, ④ Article 2(b) of the above contract, stating that the victim paid USD 500,000 to the defendant on April 12, 201, five hundred five,000,0000,0000,000 won to the defendant's domestic marriage.