The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of facts, misunderstanding of legal principles, the financial standing of the Defendant operated, making it difficult to repay each of the borrowed money (hereinafter “the borrowed money of this case”) stated in the facts charged, and the Defendant did not have the intent and ability to repay from the beginning.

The amount of fraud shall be the amount obtained by subtracting the repayment amount.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined by the lower court’s assertion of misunderstanding of facts and misapprehension of legal doctrine, the following facts and circumstances are recognized.

The fact that the defendant acquired by deceit may be recognized based on this.

1) On February 2005, the Defendant established P Co., Ltd., the main purpose of which is to engage in artificial medicine business to Songpa-gu P and discontinued its management due to the aggravation of credit management. On January 2012, the Defendant became a bad credit holder.

2) On May 2012, the Defendant established and operated L Co., Ltd. (hereinafter “L”) at the same place for the purpose of man-made surgery, such as the previous one.

The defendant could not become a representative director due to bad credit standing, and the J was registered as a representative director in the form of a representative director.

3) 피고인은 2012. 경 여수 엑스포 Q 공사를 하면서 손실을 보았고, 동양 네트 웍스에 납품하고 물품대금을 받지 못하였으며, 거래처로부터 물품대금으로 받은 어음도 부도 처리되는 등 경영이 악화되었다.

4) At the time of each of the instant loans, the Defendant had an individual debt of KRW 3-400 million, and if L’s corporate debt was combined, the Defendant had an obligation of KRW 5-600 million.

In that sense, due to the aggravation of L's credit, the loans could no longer be granted in commercial banks, etc., and thus, the loans were granted to the lending company, etc. with a higher interest in the third financial sphere, or were operated in a way to prevent the lending of bonds, etc. (see, e.g., investigation records). 5) The Defendant paid 300,000 won monthly office rent from May 2012 to 300,000 won each month and paid 25 million won each month.