The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the absence of the fact that the Defendant provided a motor vehicle as security at the time of obtaining a loan from the victim ridcop, the Defendant was guilty of this part of the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of imprisonment (two months of imprisonment and eight months of imprisonment) imposed by the court below on the defendant is unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to determine the mistake of facts, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, the process of transaction execution, etc. insofar as the Defendant does not make a confession. The intent of the crime is not a conclusive intention

(2) In the event that a person provided sufficient security with a loan from a third party while borrowing money from a third party, barring any special circumstance, it cannot be deemed that the person had no intent or ability to repay the loan (see, e.g., Supreme Court Decision 2005Do8645, Feb. 23, 2006). However, in special circumstances, such as the cancellation of the right to collateral security established on the vehicle without the consent of the creditor, the criminal intent by deception may be recognized.

Although a credit service provider entered into a contract with a community credit cooperative and a third party to provide a loan equivalent to the amount of individual vehicle-backed claims, the Supreme Court has failed to faithfully perform the repayment of debts to community credit cooperatives, such as releasing the right to collateral security established on the vehicle at will without permission of the community credit cooperative, it deceiving the community credit cooperatives as if the credit service provider did not have the intent or ability to repay the debts at the time of the loan, and acquired the loan from the community credit cooperative.