The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The fact that the defendant was unable to fully repay money from the victim after borrowing money from the victim is true, but there was no deception of the victim in the process of borrowing money from the victim, and there was no intention to acquire money from the defendant.

Nevertheless, the court below which recognized the establishment of a crime of fraud against the defendant has erred by misunderstanding the facts and affecting the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty of the facts charged of this case is justifiable, and there is no error of law by misunderstanding the facts

The defendant's assertion of mistake is without merit.

A. At the time of borrowing money from the injured party, the Defendant did not own any property having the value of security at the time of borrowing money, and the financial institution had a debt equivalent to KRW 70 million, and there was no ability to repay the money even if it borrowed money from the injured party.

The defendant also stated to the effect that the police investigation did not have the ability to repay even if he borrowed money from the injured party.

The Defendant borrowed money from the victim to I/J again, but did not intend to acquire money from the victim because he/she received money from them to repay the borrowed money to the victim.

The argument is asserted.

(1) However, in the police investigation, the defendant was aware that "the victim believed and lent the victim's repayment until the date of repayment, and if I did not receive the money from the victim, he was not aware that he did not receive the payment.

“The fact that the Defendant stated,” and ② in the event that the Defendant is unable to receive any loan from I and J, the Defendant borrows money from the injured party.