The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the defendant was unable to return money from the victim F at the time when he agreed to do so, this is merely a civil default, and there was a ability to pay the defendant with no intent to obtain money.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if the conviction of an unreasonable sentencing is recognized, the lower court’s imprisonment (one year 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 fraud in determining the assertion of mistake of facts, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The intent of the crime is not a conclusive intention, but a willful negligence is sufficient

(see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008). Moreover, as a subjective element of constituent elements of crime, dolusent intent refers to cases where the possibility of occurrence of crime is expressed as unclear and it is acceptable.

According to the evidence duly admitted and examined by the lower court, the following facts and circumstances, namely, ① the Defendant, from February 10, 2003 to the E’s representative director who mainly engages in real estate brokerage and development, operated the above E jointly with G. On June 4, 2010, the Defendant changed the name of the representative director into G. ② the Defendant entered into a contract to purchase three parcels of land under the name of Gwangju City E on November 27, 2009 and made an investment in the above land, but the Defendant did not pay the remainder of KRW 1.7 billion on June 30, 2010, and was not paid the remainder on September 30, 2010; ③ the Defendant failed to pay the remainder on March 31, 2012 thereafter.