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. The defendant did not deceiving the victims as stated in the facts of the crime in the judgment below. Even if there was a false fact that the victims of domestic affairs were notified, the defendant had the intention to repay, and the victims lent money to the defendant's husband's O's reliance on the defendant's business profit, so it cannot be said that the defendant has the intention to commit fraud.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the remainder of the judgment of the court below guilty.

The punishment of the court below (one year of imprisonment) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant on the charge of fraud in the annexed crime list Nos. 3 through 18 against the victim B, even though the charges were found guilty, is erroneous in the misconception of facts.

The sentence of the court below (one year of imprisonment) is too unhued and unjust.

2. Determination

A. (1) The intent of defraudation, which is a constituent element of a crime of fraud, of the relevant legal doctrine, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing the transaction before and after the crime unless the Defendant makes a confession (see, e.g., Supreme Court Decision 95Do424, Apr. 25, 1995). In borrowing money from a third party, if the other party did not respond to the true notice of the purpose of the borrowed money or the method of raising funds to be repaid if he/she did not respond to the true notice of the other party, the crime of fraud is established if he/she received money by notifying the other party

(2) In addition to the circumstances that the lower court rendered on the remainder of the conviction except for the parts as set forth in [Attachment 2003Do5382, Sept. 15, 2005] (2) the crime sight table (1) Nos 246 through 248, the lower court and the lower court.