Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

With respect to the fraud of January 5, 2010, the victim E, as the condition that the defendant bears the registration expenses for new buildings owned by the victim, proposed first that he/she will borrow a loan for the lease of real estate on the condition that he/she takes the registration expenses for the new buildings owned by him/her, and the defendant will receive a loan from the husband as security and repaid the real estate owned by the husband.

There is no fact that he or she expressed that he or she will pay interest.

With regard to the fraud of March 8, 2010, the victim proposed to lend money to his/her own real estate as collateral, and the amount of damage amounting to KRW 20 million out of KRW 67 million to his/her father and wife is KRW 47 million.

At the time of the above loan, the defendant had the ability to repay and had the intent to repay in that he used the loan as business fund.

In relation to the fraud of the fraternity, the Defendant continued to pay the fraternity, but only became unable to make the payment later due to the application for rehabilitation, and had the intent and ability at the time of receiving the fraternity, and the actual amount of damages is KRW 27 million in total,00,000,000,000,000 won.

With regard to the use of computers, etc. fraud, the defendant obtained consent to the transfer of money from the victim.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.

Even if it is found guilty of unfair sentencing, the lower court's punishment (one year and six months of imprisonment, two years of suspended execution) is too heavy.

Even if the scale of assets of the prosecutor's erroneous determination of facts (with regard to the acquittal portion), if there is no intent of repayment, the criminal intent of fraud may be recognized. On May 19, 2009, the defendant had a debt of 57 million won at the time of borrowing from the victim H on May 19, 2009, and thereafter the debt has increased rapidly due to the opening of JJ branch around July 2009, and even around January 2009, the debt has increased rapidly.