The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant was unaware of the fact that the loan of this case was made on the condition that he would repay the loan with the settlement amount of the electronic bond of this case, the Defendant was unaware of the fact that he was unaware of the victim, and the Defendant did not have the intention of fraud. The obligor of the loan of this case did not receive the loan from the J (hereinafter referred to as the “J”) operated by I, and the Defendant did not have acquired any profit, and the Defendant did not have suffered any loss due to the electronic bond of this case, the lower court convicted the Defendant by mistake of the fact

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of mistake of facts, is to be determined by comprehensively taking account of the objective circumstances, such as the Defendant’s financial history, environment, content of the crime, and the process of transaction before and after the crime, unless the Defendant makes a confession (see, e.g., Supreme Court Decision 2004Do74, May 14, 2004). The crime of fraud is established by deceiving another person to acquire property or pecuniary benefits from the defective intent resulting from the deception, and the essence of the crime of fraud is to acquire property or pecuniary benefits from the deception, thereby infringing the other party’s property. Therefore, it does not require

(2) In light of the legal principles as seen earlier, the court below’s determination that the Defendant would have agreed to send a discounted amount to the victim upon finding out the possibility of the discounted amount of electronic bonds at a discount after having lawfully adopted and investigated by the court below (see, e.g., Supreme Court Decision 2003Do4914, Dec. 26, 2003). In so doing, the court below erred by misapprehending the legal principles as seen below.