The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant, with the intention of deceiving the defrauded, borrowed the money as stated in the facts charged from the victim H and J respectively.

Therefore, the judgment of the court below that acquitted the fraud among the facts charged on the ground that it is impossible to recognize the criminal intent of defraudation, is erroneous in the misapprehension of facts which affected the conclusion of judgment.

B. The lower court’s sentence of unreasonable sentencing (five million won by fine) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On June 1, 2009, the Defendant, on the charge of the fraud against the victim H, called “the victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’

However, the Defendant had already been obligated to lend money from another person, and even if receiving cash services from the Samsung Card due to shortage of living expenses, the Defendant was planned to use the previous interest of the obligation borrowed from the Samsung Card to pay the cash service cost, and there was no intention or ability to immediately repay the money of the victim.

Nevertheless, on January 28, 2010, the Defendant received KRW 20,00 from the victim’s bank account in the name of the Defendant. On the other hand, the Defendant continued to call to the victim at an unspecified place and received KRW 20,000 from the victim and received KRW 10,00 from the victim’s bank account in the name of the Defendant at any time when it is necessary to return the money. If necessary, the Defendant would return it at any time, and the victim would receive KRW 20,000 from the victim’s national bank account in the name of the Defendant. On November 29, 2010, the Defendant called “on the other hand, it is necessary to pay the money immediately if the money is received.” The Defendant received KRW 10 million from the victim’s national bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim to total of 50 million won.