The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, as stated in the facts charged of the instant case, had not deceiving the victim.

In addition, since the defendant had the intent or ability to repay the money from the victim at the time of borrowing the money, it cannot be deemed that the defendant had the intention to commit the crime of defraudation.

2. Comprehensively taking account of the following facts and circumstances that can be recognized by the evidence duly admitted and investigated by the court below, the defendant can recognize the fact that the defendant deceivings the victim as stated in the facts charged in this case, and had the intent to commit the crime of defraudation by the defendant. Thus, the defendant's assertion is without merit.

① The victim consistently stated from the investigative agency to the court that the Defendant was guilty of fraud as stated in the instant facts charged. Such statement by the victim does not appear to have any particular circumstance to deem that the victim was guilty of the Defendant, and thus, the victim’s statement has credibility.

② The Defendant recognized all the facts charged in the instant case at the lower court. The confession of the Defendant was made in a state where arbitrariness is guaranteed within due process, and the confession appears to have been made in a state where arbitrariness is guaranteed within due process, and there is no conflict or inconsistency with the confession among circumstantial evidence other than confessions.

On the other hand, in light of the fact that the defendant reversed the confession statement at the trial of the court below, but did not explain the reason why the reversal is reversed, and there is no particular evidence to support the defendant's statement at the trial of the court, it is difficult to say that the defendant's statement at the trial is reliable.

③ At the time of the instant case, the Defendant: (a) dissatisfying the Switzerland F refining; and (b) actually carrying out the project to establish a logistics cluster therein (hereinafter “instant project”).