The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case for conviction and the part of the case for which a request to attach an attachment order was filed, and since only the defendant appealeds against this, the scope of the court's trial is limited to the part of the defendant's case for which the judgment was pronounced guilty (the case for which a request to attach an attachment order was filed under Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, but only the defendant appealed, there is no benefit to review and determine the case for which the request to attach an attachment order was filed, and no reason exists to determine the conclusion differently).

A. The Defendant, with the intent to commit the crime of defraudation of facts (Fraud), does not borrow five million won from the victim.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous.

B. The sentence imposed by the lower court on the Defendant [the imprisonment of two years and six months, the completion of the sexual assault treatment program 80 hours, the forfeiture (No. 2)] is too unreasonable.

3. Determination

A. Whether a crime of fraud is established through the defraudation of a loan borrowed money for a mistake of facts must be determined at the time of borrowing. Meanwhile, the existence of a subjective constituent element of a crime of fraud should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power before and after the crime, the environment, the contents of the crime, the process of transaction, and the relationship with the victim unless the Defendant makes a confession.

(see, e.g., Supreme Court Decisions 2007Do10770, Feb. 14, 2008; 2008Do5618, Sept. 25, 2008). The following circumstances, i.e., the evidence admitted based on such legal doctrine, are acknowledged based on the evidence.