The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the defendant's intention or ability to repay money from the victim at the time of borrowing money, it is not possible to recognize the criminal intent by deceit, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts.

B. The lower court’s imprisonment (one year of imprisonment) is too heavy when taking into account the various circumstances on the Defendant’s point of unfair sentencing.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud in determining the assertion of mistake of facts, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime unless the Defendant confessions. The intent of the crime is sufficient, not a conclusive intention, but an intentional intention

(3) The Defendant, as a person with bad credit standing at the time of borrowing money from the victim, did not have any property or income other than KRW 4 million and the above dividends at the time of borrowing money from the victim for his/her own daily living expenses. The Defendant borrowed money from the victim, and the Defendant did not have any sufficient means to repay the money. ② The Defendant, as his/her wife is the chairman of the future deposit, stated that he/she was the Defendant, and the Defendant, as his/her wife is the chairman of the future deposit, stated that the principal would be immediately repaid and the Defendant was granted money when the victim would return the principal. ③ On the other hand, the Defendant asserted that he/she borrowed money from the victim to use the sound record business fund, and did not properly state the detailed business plan as well as the details of the implementation of the business plan.