The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, process of transaction, etc. before and after the crime unless the defendant confessions.

(See Supreme Court Decision 2004Do3515 Decided December 10, 2004, etc.). In addition, in cases where the confession of a defendant in the prosecution is different from the court’s statement, or the confession in the court of first instance is different from the court’s statement in the appellate trial, the credibility of the confession cannot be said to be doubtful. In determining the credibility of the confession, the credibility of the confession should be determined by taking into account the following: (a) the contents of the confession’s statement per se are objectively rational; (b) the motive or reason behind the confession; (c) the background leading up to the confession; and (d) the circumstances leading up to the confession, other than the circumstantial evidence, are either contrary to or inconsistent with the confession as provided for in Article 309 of the Criminal Procedure Act; and (d) the motive or process of the confession should be reasonably doubtful.

(see, e.g., Supreme Court Decisions 2009Do675, Apr. 9, 2009; 2001Do4091, Sept. 28, 2001). Meanwhile, in a case of fraud involving the taking-off of property, if there is a provision of property due to deception of the victim, the act of infringing the victim’s property, thereby constituting a crime of fraud, and compensation for the property or property gains already acquired after the fact.

This does not affect the establishment of a crime, and substantial consideration has been paid.

shall not cause any damage to all property; or

Since the establishment of fraud does not affect the establishment of fraud, it shall be paid some of the consideration, such as interest and fee, in the case of fraud.