The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, at the time of borrowing money from the victim E, was not aware that the victim had no tenant, the Defendant was merely a general creditor who did not acquire the right of preferential repayment, such as the right of lease on a deposit basis or the moving-in report, which is the tenant, and there was no property loss on the victim, and there was intent or ability to repay to the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence for six months of imprisonment and 80 hours of community service order) is too unreasonable.

2. Determination

A. 1) The deception as a requirement for fraud refers to all affirmative or passive acts that have to be widely observed in the transactional relationship with property, and it is sufficient to say that the deception does not necessarily require false indication as to the important part of a juristic act, and that it is the basis for judgment for an actor to conduct a disposition of property which he wishes to dispose of by omitting the other party. Thus, in a case where it is recognized that the relationship between the other party to the transaction would not have been engaged in the transaction if he would have been notified of a certain circumstance, he/she is obligated to notify the other party of such circumstance in advance in accordance with the principle of good faith. Nevertheless, the failure to notify the other party of the fact that the transaction would not have been notified of the fact that the other party would have been deprived of the other party, thereby constituting fraud.

In addition, one fraud is the delivery of property or the benefit of property on the basis of the defective intention caused by deceiving another person.