The defendant's appeal is dismissed.

1. Although the defendant did not have any intent to obtain money from the victim G or I at the time of borrowing money from the victim G or I, the court below convicted the defendant of the charge of fraud. The judgment of the court below is erroneous in the misapprehension of facts.

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant can be found to have not had the intent or ability to repay the borrowed money like the loan condition at the time of borrowing the above money from the victim G, the victim I borrowed KRW 75 million from the victim I, and the victim I did not have the intent or ability to do so. Thus, the defendant's assertion of mistake that the defendant did not have the intention to commit the crime of defraudation is not acceptable.

A. The victims consistently committed by investigative agencies to the Defendant with the victim G amounting to KRW 75 million and KRW 35 million for the victim I, respectively.

The defendant also stated that he borrowed money from the victims at the time when the police examines the victims, F, and the defendant at the time when the prosecutor examines the defendant, as stated in the facts charged of this case.

In addition, it is recognized that the victim G paid the sum of KRW 75 million to the defendant, and the victim I paid the sum of KRW 35 million to the defendant on each day stated in the facts charged in this case.

However, in full view of the statements of the victim I and the defendant, the victim I received five million won of the principal of the above loan at the time of the complaint of this case.

B. The victims stated in the court below that the Defendant lent money as stated in the facts charged of the instant case to the court below and the interest rate was set at 10% per month.

F in fact engaged in the process of borrowing money from the victims at the investigative agency and the court of original instance set the interest rate of the above loan at 10% per month for the first time and later adjusted to lower the interest rate.

statement;