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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, at the time of receiving the instant money from the injured party, had the intent or ability to perform a contract for the filling and supply of carbon gas, which was concluded with the injured party by normally operating C at the time of receiving the money in the name of the instant deposit. However, the contract was invalid due to narrow lease of the G land in the Dongdaemun-gu Seoul Special Metropolitan City, which was intended to be leased as a project site, and there was
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. Determination on the assertion of mistake of facts 1) The criminal intent of defraudation, which is a constituent element of fraud, is bound 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 performing transactions before and after the crime unless the defendant makes a confession. In a case where, in borrowing money from another person, the other party did not respond if the other party did not respond to the true notice concerning the purpose of the borrowed money and the method of raising the funds to be repaid, if the other party did not respond to the true notice, the crime of fraud is established (see, e.g., Supreme Court Decision 2003Do5382, Sept. 15, 2005).
Due to C’s financial aggravation, the Defendant had already attempted to sell C from the end of the end of February 2015, and ② the Defendant’s trade agreement signed with the victim on February 24, 2016, stating that “The victim shall provide the Defendant with a deposit of KRW 30 million and monthly rent of KRW 2.3 million,” ③ the Defendant shall receive KRW 30 million from the damaged person on February 24, 2016, and deliver a certificate of borrowing to the victim, stating that “The Defendant shall borrow money of KRW 30 million for the purpose of using the lease deposit.”