The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

1. Summary of grounds for appeal;

A. In fact, the Defendant had consistently sold fishery products distributors while running the business.

It was not possible to repay the borrowed money from time to time due to the finger injury, the depression of industry, etc., and there was no intention to acquire the borrowed money from the beginning.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination as to the assertion of mistake in fact should be made at the time of the act of fraud. As such, if the borrower had the intent and ability to repay the money at the time of lending the money in a consumption lending transaction, even if the borrower fails to repay the money thereafter, this is merely a non-performance of civil liability, and a criminal fraud is not established.

Therefore, in a consumer lending and lending transaction, where the lender was aware of the credit standing of the lender and the borrower, and the risk of delay in the future or impossibility of repayment is anticipated or may be anticipated due to the continuous transaction relationship, etc., the lender had the intent of deceiving the lender on the ability to repay the loan with the mere fact that the borrower failed to repay the loan properly, unless there are other circumstances, such as the borrower made a false statement of the material fact about the specific intent to repay the loan at the time of the loan, capacity to change the loan, and the following terms and conditions, etc.

In addition, in a transaction conducted in the course of performing a project, where the nonperformance of the obligation is predicted, and the sex of fraud against the relevant corporate manager is at issue, the corporate manager may be subject to bankruptcy depending on circumstances, given that the corporate manager was in a state of poor management at the time of the transaction.

The intention of fraud has been intentional merely because it could have predicted it.

is found to be conclusive.