All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) had the intent and ability to pay the borrowed money by deciding to order the business for two years from T at the time of borrowing money from the damaged party. However, since the contract with T was not carried out smoothly, it did not later pay the money which was promised due to the smooth progress, there was no intention of defraudation, not by deceiving the victim.

(2) The sentence of the lower court (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts on the same ground as the grounds for appeal, the lower court determined that ① at the time when the Defendant borrowed money from the injured party, the Defendant’s stable income can be guaranteed as follows: (i) the victim is in a company in F Gunsan as a regular position at the time of borrowing money from the injured party; and (ii

If there is KRW 300 million in business funds using materials and personnel expenses, etc., not only the principal may be collected in a short period, but also more profits may be collected.

Although the Defendant stated that “the Defendant’s sacrifies to assist in the Defendant’s business, the Defendant’s sacrifies did not have committed an undertaking to assist in the Defendant’s business, and did not have a position to exercise or assist in the Defendant’s business, and the Defendant’s sacrifies to G is to assist in the Defendant’s sacrifies in G.

Since around 208, the Defendant continued to engage in steel-related business, and had no experience in steel-related business before this case, and there was no measure for the failure of the business. ③ The Defendant operated the corporation and did not have any benefit in the business, ④ The Defendant himself did not have any money invested in the business in this case, and was at the material cost of KRW 300 million received from the injured.