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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a mistake of facts, instead of the victim, borrowed KRW 2850,00,00 from F on April 27, 201, which was the birth of the victim, and KRW 3 million on May 11, 2011, and at the time, the F lent money from the victim, which he did not have any money, and the F borrowed money from F from the victim, from time to time, including the total sum of KRW 5.85,00,00,000 deposited in the victim’s name, was guilty of mistake of facts.
B. The lower court’s sentence (two million won of fine) on the ground of unreasonable sentencing is too unreasonable.
2. Determination on the grounds for appeal
A. The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, is to be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant makes a confession. The criminal intent is sufficient not to have a conclusive intention but to do so in the civil monetary lending relationship, and the criminal intent of defraudation of the borrowed money cannot be acknowledged immediately with the non-performance of obligation in the civil monetary lending relationship. However, in the event that the defendant borrowed the money by pretending that he will repay the money even though he did not have the intention of full repayment or even though he did not have the ability to repay it within the due date
(See Supreme Court Decision 201Do18139 Decided May 13, 201, etc.). The following circumstances that can be recognized by comprehensively taking account of the evidence duly adopted and examined by the lower court and the lower court (see, e.g., Supreme Court Decision 2010Do18139, May 13, 201). In other words, (i) the victim, from the investigation agency to the trial court, consistently and consistently up to the trial court, remitted 2,50,000 won, excluding the advance interest and KRW 1,50,000,000,000,000 to the same condition on May 11, 2011.