The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event that the defendant borrowed money from the victims or borrowed money from others under the guarantee of the victims, not only had sufficiently explained the victims about the economic situation of the defendant, but also had the intent and ability to repay the borrowed money of this case, so there was no intention to commit the crime of defraudation.

Nevertheless, the court below accepted the facts charged in this case as it is and found the defendant guilty. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the reasons for the judgment. In light of the records and closely reviewed the judgment of the court below, the judgment of the court below is justified.

The defendant, at the time of the crime of this case, has sufficiently explained the victims about the economic situation of the defendant, and there was no intention to commit fraud. However, according to the evidence duly adopted and investigated by the court below, the defendant knew that the hospital operated by D, the husband of the defendant, was faced with difficulties due to the dispute and financial difficulties with E at the time of the crime of this case, but did not specifically explain the defendant's property condition or obligation (the trial record 187 pages). Accordingly, the victims were in possession of considerable property, and the relationship with E can obtain considerable profits through the hospital operation if they are settled well.