The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not borrow money from the victim by deceiving the victim under the same name as stated in the facts charged in the instant case.

In addition, the victim had sufficient means to repay the money at the time of borrowing the money.

Therefore, the defendant did not deceiving the victim and did not intend to do so.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too heavy.

2. Determination

A. 1) Regarding the assertion of mistake of facts or misapprehension of legal principles, deception as a requirement for fraud refers to all affirmative or passive acts that have a good faith and sincerity to be observed with each other in property transaction. It does not necessarily require that it is an essential part of a juristic act. It is sufficient if it is about the basic fact of judgment in order to enable a perpetrator to perform a disposal act he wishes to dispose of property by omitting the other party in error. Whether a certain act constitutes deception that causes a mistake of another person should be determined generally and objectively by taking into account the situation of transaction, the other party's knowledge, experience, occupation, etc. In addition, in a crime of fraud the acquisition of property, if there is a delivery of property by deception, it constitutes fraud by itself, and thereby, it constitutes fraud. Moreover, it does not affect the establishment of fraud even if considerable consideration has been paid or the victim has not suffered damage to the whole property. In addition, a subjective constituent element of fraud, such as the confession of a criminal defendant by mistake, etc., cannot be determined by taking into account the circumstances surrounding the criminal act, etc., 2009 years before and after the execution process (see, 209.).