The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) is as follows: (a) from February 28, 2013 to October 4, 2013, the Defendant had an intention or ability to pay the victim the amount stated in each of the instant loan certificates to the victim as if he/she would pay the victim a sum of KRW 70 million as the user fee of “F (hereinafter “F”) which is the lodging establishment in E” (hereinafter “the instant franchise”). (b) at the time of preparing and delivering each of the instant loan certificates, the Defendant had intention or ability to pay the victim the amount stated in each of the instant loan certificates; (c) thus, the Defendant had the intention or ability to obtain the money by deception.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine.

2. Determination

A. The intent of fraud, which is a subjective constituent element of fraud, 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 is led. The criminal intent is sufficient not to have a definitive intention but to have dolusent intention. In particular, the establishment of fraud through deception in the transaction of goods is determined by whether the Defendant had intention or ability to pay the goods to the victim as if he would have had intention or ability to pay the goods to the victim as at the time of the transaction (see Supreme Court Decision 2007Do10416, Feb. 28, 2008, etc.). (b) In full view of the following facts and circumstances acknowledged by evidence duly adopted and investigated by the court below and the court below, the Defendant did not have the intent or ability to pay the user fees of this case at least 10 million won per month at the time of the issuance of each loan certificate to the victim.