The defendant's appeal is dismissed.

1. The lower court dismissed the application for compensation by the applicant for compensation.

Therefore, since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of rejection of the application for compensation among the judgment below that became immediately and conclusive shall be excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. In fact, at the time when the Defendant borrowed KRW 25 million from the injured party on July 23, 2014, the Defendant: (a) prepared the documents regarding the lawsuit for the lawsuit for the division of inherited property; and (b) had the intent to believe that K would be able to win or receive a larger amount of money for a period of two months; (c) borrowed money from the injured party as a joint guarantor; and (d) had the intent to repay the victim’s money by borrowing money from the injured party on August 9, 2014 and September 4, 2014, even at the time when the Defendant borrowed money from the injured party, he/she was able to repay the victim’s money in consideration of the Defendant’s benefits and property at the time of the Defendant.

The judgment of the court below which recognized that the crime of fraud is established against the defendant without deceiving the victim, and even though the defendant did not have the intention of deceiving the victim.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is too unreasonable.

3. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court of the first instance as to the assertion of facts, the Defendant, even if he did not have any intent or ability to repay the money borrowed from the injured party, by deceiving the injured party on July 23, 2014; KRW 25 million; KRW 10 million on August 9, 2014; and KRW 15 million on September 5, 2014; and the lower court’s judgment so determined is justifiable and reasonable.