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The defendant's appeal is dismissed.
Reasons
1. Grounds for appeal;
A. Although the defendant borrowed money from the victim as stated in each of the facts charged in this case, the defendant had sufficient intent or ability to repay the above money at the time, so it cannot be deemed that he had the criminal intent to acquire the money, the judgment of the court below which found the defendant guilty of each of the facts charged in this case on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (two years of suspended sentence in August) is too unreasonable.
2. Determination
A. Determination of the assertion of mistake of facts shall be based on the point at the time of borrowing the loan, and the existence of the crime of defraudation, which is a subjective constituent element of the crime, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, contents of the crime, the process of transaction, and relationship with the victim, unless the defendant makes a confession.
(2) In light of the above legal principles, each of the following circumstances acknowledged by the court below, based on the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2006Do6795, Nov. 23, 2006). The defendant, at the time of each of the crimes of this case, was only liable for a limited amount of KRW 30 million and did not have any property under his own name (Evidence No. 60, 93, 95). At the time of each of the crimes of this case, H Co., Ltd. (hereinafter "the company of this case"), which was substantially operated by the defendant's husband at the time of each of the crimes of this case, was liable for a limited amount of KRW 6 billion and the registration of multiple provisional seizures and the registration of the establishment of a mortgage was completed (Evidence No. 15-29, 94) regarding the land listed in the facts charged in the name of the company of this case (hereinafter "land of this case"), and each of this case at the time of the crimes of this case.