The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: There was no intention to obtain fraud in the instant fraud crime.

B. Improper sentencing: The sentence of the lower court (two years of imprisonment) is too heavy.

2. Determination

A. Part 1 of the assertion of misunderstanding the facts or misapprehension of the legal principles 1) The criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by 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 confessions. Since the crime of fraud is also established by dolusence. The subjective element of the constituent element of the crime refers to the case where the possibility of occurrence of the crime is uncertain and it is acceptable in light of the subjective element of the constituent element of the crime, and dolus

In order to establish the possibility of occurrence of the crime, not only has the awareness of the possibility of occurrence of the crime, but also there has been an internal intent to accept the risk of occurrence of the crime. Whether the actor has accepted the possibility of occurrence of the crime is not dependent on the statement of the offender, but also on the basis of specific circumstances such as the form of the act and the situation of the act that was externally revealed, etc., the possibility of occurrence of the crime should be evaluated and confirmed from the perspective of the offender (see Supreme Court Decision 2007Do1214, Feb. 26, 2009). 2) The defendant asserts that he denies the intention of defraudation of the crime of this case only when the defendant was judged in the first instance, but the defendant has consistently led to the intention of defraudation by consistently confessioning the crime from the investigative agency to the court of law. In other words, the situation, which can be known by the evidence adopted and investigated by the court below, i.e., the economic ability and ability of the defendant before and after the crime of this case.