The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant cannot pay the interest of the borrowed money and the credit card payment with the profits from the operation of the restaurant because it is nothing more than the fact that the Defendant applied for personal rehabilitation while paying the interest of the borrowed money and the credit card payment. Therefore, the Defendant cannot be deemed to have committed fraud, and the victim cannot be deemed to have reached the delivery of the borrowed money due to the Defendant’s deception

B. The lower court’s sentence of unreasonable sentencing (4 million won by fine) is too unreasonable.

2. Determination

A. A. On March 30, 2011, the Defendant stated that “When the Defendant borrowed 10 million won as a restaurant repair fee, etc. to the victim E, the Defendant would have paid 700,000 won per month and the principal to the Defendant.”

However, in fact, the Defendant had a debt of 250 million won or more at the time, and the monthly payment of 5 million won or more has not been made every month, and there was no intention or ability to repay the debt even if he/she borrowed money from the victim without any particular property.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife F, on the same day.

B) Around July 22, 2011, the Defendant stated “D coffee specialty store” to the victim E that “if a restaurant operation fund is required, the Defendant would pay 50 million won per month and the principal to the victim E. However, the Defendant did not have any intent or ability to repay even if he/she borrows money from the victim due to the circumstances referred to in the foregoing paragraph (a). Ultimately, the Defendant was urged by the victim as above, and then transferred KRW 10 million from the victim to the Agricultural Cooperative Account in F’s name on the same day. 2) On November 21, 2011, the Defendant used the said card to the victim E when he/she lent the card to the victim E.