The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) In light of the fact that the Defendant was living together with the victim, the Defendant was proceeding with or promoted several proposals, and the Defendant repaid a considerable amount of the borrowed money for construction cost, etc., the Defendant had the intent and capacity to repay the said money, and thus, had the intent to commit fraud.

shall not be deemed to exist.

2) 60,000 won from the 32th half of the crime inundation table in the judgment of the court below is the details that the damaged person remitted to the offender of the victim, and shall not be included in the amount of fraud.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The Defendant alleged to the same effect as the lower court’s judgment on the assertion of mistake of facts.

The lower court rejected the Defendant’s assertion on the basis of the legal statement and the evidence submitted by the prosecutor, examining the victim as a witness and other persons related to the instant case.

In full view of the following circumstances, the lower court’s judgment is justifiable in its determination based on the evidence, in addition to the circumstances presented by the lower court.

The defendant has received money from the defendant by performing construction work, and some of them have been prevented from changing to the victim.

However, the amount of compensation for the victims is only a part of the construction cost received by the defendant, and the remainder was used for other purposes such as reimbursement of existing debts, personnel expenses, living expenses, etc.

The amount of repayment is extremely small compared to the loan borrowed by the victim (the defendant seems to have started to pay a fine on behalf of the victim after the victim was released from the charge.

The amount borrowed by the injured party until October 21, 2014, when the injured party paid a fine on behalf of the injured party, is 80,85,500 won in total.

The amount that the Defendant first borrowed from the victim during the period from January 1, 2014 to October 21, 2014, which was the date of the payment of a fine, is 6,878,00 won in total.

....