The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The defendant is not guilty of deceiving the victim C.

B. The punishment of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On February 6, 2015, the summary of the facts charged in the instant case stated that “The Defendant would promptly return the borrowed amount of KRW 25 million to the victim C as interest on the loan of KRW 25 million, and immediately return the passenger car to the victim for a few months.”

However, in fact, the defendant did not have any property at the time, the debt was bad credit in excess of 40 million won, and the vehicle to be lent to the victim was owned by another person, so even if the defendant borrowed 25 million won from the injured party, he did not have the intention or ability to complete the payment.

The Defendant was transferred from the injured party to the account (Account Number: E) in the name of D, KRW 25 million as the borrowed money from the seat.

Accordingly, the defendant was given property by deceiving the victim.

B. Determination 1) The intent of defraudation, which is a subjective constituent element of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the financial history of the accused before and after the crime, the environment, the details and contents of the crime, and the process of transaction execution, unless the accused is led to confession.

The conviction of a single part of the crime ought to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of a criminal intent, which is a subjective element of a crime (see, e.g., Supreme Court Decision 2015Do2255, Jul. 23, 2015). In addition, the establishment of a crime of fraud is determined at the time of such act.