The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had the intent to repay and the ability to repay money from the victimized party.

Even so, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it recognized the Defendant’s criminal intent to obtain fraud, and found the Defendant guilty of the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the court below and the court below as to the assertion of mistake of facts, the defendant's assertion is without merit.

(1) The Defendant led to the confession of the facts charged in the prosecution investigation.

The Defendant stated in the prosecutor’s investigation that “as at the time of 2012, the Defendant had 1 bonds (168 million won) with 33-year apartment units under the name of the Defendant (168 million won) at the time of borrowing money from the injured party, but there was no property value due to the fact that there was KRW 40 million with the collateral security obligation and KRW 90 million with the obligation to return the deposit money, and there was no other property.” Rather, the Defendant stated that the Defendant had 23 million won with the debt and the debt of capital.”

In addition, the Defendant stated in the prosecutor’s investigation that “at the time, the amount of the benefits received was KRW 2 million, which was paid to KRW 1 million as living expenses, and the remainder of the benefits was KRW 1,00,000,000,000,000,000,000 was difficult to cope with the interest on the money borrowed from the victim.”

② In excess of the above obligation, the Defendant continuously borrowed a large amount of KRW 120 million from the injured party during the period from January 5, 2012 to March 3, 2016, even though the Defendant was unable to cope with the interest difference.

(3) In addition, if the Defendant merely invested in auction, stocks, coffees business, etc. with money borrowed from the injured party and made profits therefrom, the Defendant intended to repay the money, and the old repayment plan.