All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The part 1, and 2 of the Defendant’s misunderstanding of facts and misapprehension of legal principles are not able to repay the money borrowed by the Defendant’s phish-sing match, which is held by the Defendant, and the remainder is repaid by the Defendant on behalf of the Defendant, due to his own circumstance, due to the Defendant’s payment.

Therefore, there is no fact that the defendant committed deception against the victim, and there is no intention of deception.

2) Improper sentencing (the lower court’s punishment: 6 months of imprisonment)

B. Prosecution’s improper sentencing

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, deception, which is a requirement for fraud, refers to all affirmative and passive acts that have to abide by each other in the transactional relationship of property.

It is not necessarily required to make false indications on the important parts of the juristic act, but it is sufficient to say that it is the basis of judgment for the actor to perform the act of disposal of property that the other party wishes by omitting the other party's error.

The intention of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details of the crime, process of transaction, relationship with the victim, etc. before and after the crime unless the defendant is led.

In the civil monetary lending relationship, the intention of defraudation of the borrowed money can not be recognized with the fact of default of the debt immediately, but in the case of borrowing money by pretending to repay the money even though the defendant has no intention to make a certain change or has no ability to repay within the due date as promised at the time of borrowing, the intention of defraudation may be recognized.

2) In full view of the following circumstances, the relationship between the victim and the defendant, the circumstances leading the victim to the payment of the money to the defendant, etc., which can be recognized by the evidence duly adopted and examined by the lower court, the facts constituting the crime in its judgment are recognized.