The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On January 9, 2019, the Defendant: (a) paid KRW 9 million to the victim; and (b) the Defendant was also liable for the installment payments, name transfer expenses, insurance premium, and all other charges.

The Defendant intended to repay the remainder of the borrowed money to the victim after hedged with the victim, but the victim was unable to do so due to the contact of the victim, and the damage incurred to the victim in relation to the vehicle also occurred in the course of recovering the vehicle and disposing of the vehicle rapidly, and there was an intention of deception or deception by the Defendant.

shall not be deemed to exist.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found guilty of the facts charged in this case by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated. The lower court determined that the Defendant was guilty of the charges in this case by taking account of the following circumstances acknowledged by the evidence. In the case of fraud involving deception and other fraud involving deception of money, if there exists any damage to the victim’s property, the crime of fraud is established by itself, and even if there was no considerable cost or damage to the victim’s entire property, the crime of fraud does not affect the establishment of the crime of fraud. Thus, even if some of the cost was paid in the crime of fraud, the amount of the fraud is not the difference between the amount of the damage and the amount of the money received (see Supreme Court Decision 2007Do6012, Oct. 11, 2007). The Defendant did not reach half of the amount of the loan borrowed on January 9, 2019; the Defendant continuously borrowed money from the damaged person; the Defendant did not have any specific statement about the Defendant’s repayment of the money borrowed money; and the circumstances behind the Defendant’s marriage.