The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant has already repaid KRW 20 million to the victim, there is no intention to acquire it by fraud in this part.

Nevertheless, the court below judged that the defendant only intended to use it as personal debt repayment and gambling funds and did not have the intent or ability to return it to the victim. The court below erred by misunderstanding the intention of defraudation.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mistake of facts, the fact that the defendant remitted the victim a sum of KRW 20 million on May 17, 2018, KRW 10 million, KRW 5 million on May 25, 2018, KRW 5 million on the same month, and KRW 20 million on May 26, 201 is recognized.

However, the following circumstances acknowledged by the evidence duly examined by the lower court and the lower court, namely, ① the Defendant: (a) received 50 million won from the victim on April 20, 2018 under the pretext of having him deposit in order to raise credit rating; (b) avoided contact with the victim on May 9, 2018; and (c) subsequently, at the time when the victim reported the Defendant to the Seoul Southern Police Station due to the interruption of contact with the Defendant, the Defendant promised to proceed with the procedure of lending, etc. on May 15, 2018, but it appears that such procedure had not been followed; (c) the Defendant, even though he did not receive money from the individual victim on or around June 2018 due to the fact that the electronic data processing was not properly processed, was not required to receive money from the individual victim; and (d) the Defendant was also obligated to receive money from the individual victim on his own.