The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal doctrine and misunderstanding the Defendant had the intent to repay and ability to repay the instant money at the time of borrowing the said money, so the crime of fraud is not established.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly investigated and adopted by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the lower court fully recognizes the fact that the Defendant deceivings the victim without the intent of repayment or ability to pay, thereby obtaining the borrowed money in its judgment.

(1) The defendant means that "the defendant shall pay 20,000 won as he/she borrowed 20,000 won to the victim with insufficient reserve funds to plan an event, and he/she shall enter the event for a period of two months, and shall pay it within two months.

The term "" refers to the following.

② At the time, the Defendant was using the so-called “Maspbook”, but it was difficult to determine whether the amount of loan was KRW 35 million. Accordingly, the payment of the card amount made in the said deposit account was overdue.

(3) The defendant did not have any certain income at the time.

④ In accordance with the Defendant’s statement at the prosecution, using 20,000 won as the event reserve funds borrowed from the victimized person, the remainder was used as the Defendant’s credit card payment, loan interest, living expenses, etc.

(5) A defendant was to receive the price for an event.

One of the arguments is that there is no specific material about it.

(6) The defendant has not yet repaid the borrowed money as stated in the original judgment.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. The Defendant, at the lower court, agreed with the victim to pay off the amount obtained by deceit of the instant case in installments.

However, the amount of the fraud of this case is not so big, but all damages have not yet been recovered.

The age, sex, and environment of the defendant.