The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (fact-finding) is not that of borrowing money from C, but that of receiving an investment in the business from C, and that of not returning the investment money to C as the business is unnecessary, so the Defendant did not deceiving C as stated in the facts of the original judgment, and the Defendant did not have any intent to commit the crime of defraudation against the Defendant.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the grounds for appeal by the Defendant, the lower court may fully recognize the fact that the Defendant, despite the absence of the intent or ability to repay, stated in the facts constituting the crime in the lower judgment, and deceptioned the Defendant, as if he would have repaid the borrowed money after the month the Defendant’s father’s re-performance, and acquired money from the victim.

① As stated in the facts constituting the crime of the lower judgment, the victim made a relatively consistent statement to the effect that the Defendant lent money to the Defendant by stating that he would not operate his business without paying the packaging value of the said business through home shopping, and that he would pay the principal, interest, etc. after one month.

2. In order to secure the return of loan, the victim requested the father to prepare a certificate of loan from his father and received the certificate of loan.

③ The Defendant asserted that the amount of money received from the victim is not a loan borrowed from the place of investment in the business. However, even according to the Defendant’s assertion, the Defendant’s father, before receiving money from the victim, prepared and issued a loan certificate with the maturity of repayment as of July 30, 2012, prior to the date of the above profit payment, to the victim, even though the profit through the above business occurred around October 201 to November 201, 2012. However, the Defendant received a request from the victim for the repayment of the borrowed money around August 29, 2012 and around September 12, 2012.

(b).