The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal by the defense counsel;

A. (1) In regard to the facts constituting a crime as indicated in the judgment of the court below, the Defendant fully repaid 8 million won borrowed from the victim.

(2) In full view of the Defendant’s business contents and the details of financial transactions with the victim as to the crime No. 2 of the judgment below, the intent of defraudation cannot be recognized.

(3) Nevertheless, the lower court erred by misapprehending the facts and finding a guilty of part of the facts charged in the instant case as stated in its judgment.

B. Even if the defendant's conviction of unfair sentencing is acknowledged, the sentence of the court below that sentenced ten months of imprisonment is too unreasonable in light of the fact that the amount of the defendant's repayment to the victim until now is reasonable and that the defendant will make repayment in future.

2. Determination:

A. Of the facts charged in the instant case, the part that the lower court convicted the Defendant (1) on August 25, 2005, the Defendant made a false statement to the effect that, although having borrowed money from the victim C, the Defendant did not have any intent or ability to complete the payment, the Defendant called the victim’s office located in Gwangju-gu, Seo-gu, Gwangju-gu, with the phone call to the victim’s office, and that, “I will use and complete payment of the printing office’s business funds.”

As such, the Defendant, by deceiving the victim, received KRW 2,00,000 on the same day from the victim to the Defendant’s account, and subsequently acquired KRW 8,00,000 from that time through November 28, 2005, all of which were recorded in the annexed crime list 1, as shown in the annexed crime list 1, and acquired KRW 8,00,000 on three occasions.

(2) Around January 25, 2006, the Defendant made a false statement that “F” printing office operated by the Defendant in the Dong-gu Seoul Special Metropolitan City, stating that “F shall be repaid immediately if the Defendant borrowed money to the victim even if he/she borrowed money from the victim, he/she does not have any intent or ability to repay the money.”

The Defendant is identical to this.