A. Fact-finding (defendant) the Defendant was given KRW 34 million from the injured party, but among them, KRW 20 million was borrowed from N. As such, the Defendant borrowed only KRW 14 million, and the Defendant did not enter into an agreement on the due date at the time of borrowing KRW 14 million, but did not intend to obtain fraud as long as the Defendant had a fixed income or multiple bonds.

B. The Defendant asserts that the sentence of the lower court is too unreasonable, while the Defendant asserts that the sentence of the lower court is too unreasonable, the prosecutor is too unfasible and unfair.

2. Determination

A. Fact-misunderstanding 1) The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court, namely, that the Defendant received KRW 34 million from the injured party, and the Defendant promised to take responsibility for the Defendant when borrowing money from the injured party, and that the injured party also lent KRW 34 million to N, as the Defendant believed and lent the Defendant, the Defendant was aware that he lent KRW 20 million to N.

Even if the defendant is liable for the full amount, the defendant's liability is recognized.

2) Meanwhile, as shown in the lower judgment, ① the Defendant did not have any specific income other than approximately KRW 500,000,000, including basic living expenses paid monthly, and approximately KRW 300,000,00, which is the disability allowance of her husband, and ② the Defendant owned apartment.

However, considering the fact that the apartment house was owned by his father in the name of his father and the ownership was terminated, not only the establishment of the right to collateral security, but also the establishment of the right to collateral security, and the fact that the defendant's credit held by the defendant seems to have little economic value because it was not repaid to the defendant even after the maturity of one year or more, the defendant did not have the ability or intent to repay the loan amounting to KRW 34 million from the injured party

Since it is seen that the criminal intent of defraudation is recognized.

Therefore, the defendant's assertion.