A defendant shall be punished by imprisonment for nine months.

An application for compensation by an applicant for compensation shall be dismissed.

A. The Defendant had no intention to commit the crime of defraudation at the time of borrowing the money from the victims.

Nevertheless, the court below convicted the defendant, which is erroneous in the misunderstanding of facts.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged that the lower court also had the intent to purchase a bus at the time of borrowing money from the victims and had the intent to repay the loan and the ability to repay the loan thereafter, but it was merely a failure to purchase the used bus since it was cut off. Accordingly, the lower court determined that the Defendant could have acknowledged the fact that the Defendant voluntarily adopted and investigated evidence that he/she could withdraw almost all of the transferred money from the victims on the date or on the several days and used it for other purposes. However, it is natural that the Defendant should keep the money as a bus purchase fund for a certain period, if he/she had expressed his/her intent to purchase a used bus with the money received from the victims.

In light of the fact that the victims did not keep the money received from the victims for a certain period of time, and withdrawn the money within a short period of time and used it for other purposes, the defendant was found to have obtained money from the victims under the pretext of purchasing the used bus with the money received from the victims without the intention to purchase it, and sentenced the defendant guilty.

A thorough comparison of the records of this case and the reasoning of the judgment of the court below, we affirm the above judgment of the court below, and further, the following circumstances, which can be recognized by evidence duly adopted and investigated by the court below, i.e., the defendant's money received from the victim F, was notified to the original F.