The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: Inasmuch as there was an intention of repayment and ability to repay, the intention of deception or deception cannot be recognized, the lower court found the Defendant guilty of fraud, which is erroneous in the judgment of the lower court.

B. Improper sentencing: The punishment of the guilty portion (one year and six months of imprisonment) among the judgment below is too unreasonable.

2. Determination

A. Fact-misunderstanding and misapprehension of the legal principles, the Defendant, at the time of the instant construction contract, purchased a factory site by investing KRW KRW 100 million, and the purchase price was not fully paid, and thus, there was no property owned by the Defendant himself/herself in his/her name (the investigation record 2: 82 pages) in light of the ratio of equity capital required in Korea bank notes, etc., where the Defendant was actually unable to obtain a loan from financial rights, and it was unreasonable for him/her to devise a plan for repayment or implementation method in the process of carrying out construction, and there was no other method for the Defendant to pay the instant construction price. The Defendant stated that “The Defendant did not have any other method for the Industrial Bank loans or L, or for the payment of the instant construction price, other than the collateral limit” (the investigation record 142 to 146 pages, and 154 to 155 of the trial record).

Although there was no specific material, the Defendant only stated that there was no objective material and that it was difficult for him to submit the material (the investigation record 2.93 pages, 1.81 to 82). There was a gold equivalent to one billion won to be received from L.

In fact that there is no clear ground to view, the J has no outstanding amount(2/70 pages of investigation records) and there may be a reduced unilaterally from L.