The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, the victim was aware of the Defendant’s financial difficulties at the time of concluding a contract for the supply of fish with the victim, and instead, the victim did not deceiving the victim of the financial capacity, as the victim knew that the financial situation of the Defendant was difficult at the time, provided the loan to be paid 10 days later, supplied the loan to the victim on credit, and decided to settle the loan with the proceeds from the event.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and details of the crime before and after the crime, and the process of transaction execution, insofar as the defendant does not confession. The time of judgment of the criminal intent ought to be deemed as at the time of the act (see, e.g., Supreme Court Decision 2009Do11290, Jan. 14, 2010). 2) According to the evidence duly adopted and examined by the lower court, the following facts or circumstances are recognized.

In other words, the defendant introduced himself/herself as the representative of the DNA Festival Organizing Committee supporting the victim, and also presented his/her business plan to the victim, and also indicated himself/herself as the representative of the DNA Festival Organizing Committee in the contract with the victim, but in fact, the organization of the DNA Festival Organizing Committee was not a member of the organization, and the defendant was married with the victim.

(2) In addition to the prize received, the defendant did not provide financial support in connection with festivals that the defendant proceeds in Ansan-si, in addition to the prize money, after winning a project idea held by H: Provided, That the defendant uses a riverine in connection with festivals planned by him/her.