The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts: (a) the Defendant had the intent to repay the amount of KRW 40 million at the time of borrowing the money from the victim as stated in the facts charged; (b) the Defendant merely has failed to raise funds on the wind where the business operation has deteriorated, such as a broadcasting station, and the business management has not been properly performed; and (c) there is no intentional act on the part of the victim with respect to the time of repayment or the method of raising funds for repayment; and (d) there is no false act on the part of the victim; and (e) therefore, fraud is not established. However, the lower court concluded that the Defendant, with the intention of deception, by deceiving the victim with the same circumstance as stated in the facts charged in the judgment of the lower court, by deceiving the

B. The sentence imposed by the court below on the defendant (one year of a suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud in determining the assertion of mistake of facts, is to be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, contents of the crime, and the process of transaction before and after the crime unless the defendant is led to the crime. The crime of fraud is also established by dolus negligence. The subjective constituent element of the crime element refers to the case where the possibility of occurrence of the crime is expressed as uncertain and it is acceptable, and the possibility of occurrence of the crime is recognized, as well as there is awareness of the possibility of occurrence of the crime in order to have had dolus negligence. Furthermore, the issue of whether the actor permitted the possibility of occurrence of the crime is not dependent on the statement of the offender, but is the general public based on the specific circumstances such as the form of the act and the situation of the act committed outside.