The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have the intention to acquire money by deception at the time of borrowing money from the victim D. 2) In light of the various sentencing conditions of unfair sentencing sentencing, the sentence of the lower court (one month of imprisonment and two years of suspended execution) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. Determination on the grounds for appeal

A. The criminal intent of defraudation, which is a constituent element of fraud in determining the defendant's assertion of mistake of facts, shall 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. In the case of borrowing money from another person, if the other party did not respond to the original notice about the purpose of the borrowed money or the method of raising funds to be repaid if he did not respond to the original notice, it shall be established a crime of fraud.

(See Supreme Court Decision 2003Do5382 delivered on September 15, 2005, etc.). The court below stated that the defendant borrowed the above money without a clear plan to pay, namely, the following circumstances acknowledged by evidence duly adopted and investigated by the court below: ① the defendant used the balance of the defendant's transaction account at the time of borrowing KRW 20 million from the victim D to the extent of KRW 20,213; ② the defendant also recognized that the defendant would have borrowed money from the victim D, ② the defendant would have used the money borrowed from the victim D to pay the other debt; ③ the defendant also stated that "the defendant would have used the money borrowed from the victim D to pay the other debt; ③ The defendant also stated that "the defendant would have borrowed the money without a clear plan; ④ the defendant did not use the money borrowed from the victim D to pay the other debt."