The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is established on the ground that the Defendant did not have the ability to repay the principal and interest in the form of a “refiscing to return” by borrowing money from the injured party, stating the purpose of the loan and repayment method differently from the fact, and instead, deceiving the injured party, and repaying the debt exceeding KRW 100 million at the time with the borrowed money borrowed from the injured party. Therefore, fraud is established

Nevertheless, the lower court rendered a not guilty verdict on the facts charged of this case. It erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment

2. Determination

A. On September 27, 2016, the summary of the facts charged by the Defendant is to repay the principal and interest every day by the number of days of lending money to the victim’s E store operated by the victim D in Jung-gu, Busan to the extent that the victim “a person lives together with money necessary for KRW 3 million.”

“A false representation was made.”

However, at the time, the Defendant owed a large amount of debt to F, G, H, I, J, K, and L, and had been performing the obligation by the number of days, and was paying the interest for the number of days with the borrowed money. The Defendant used the borrowed money as debt repayment and the price for goods, etc., not the cost of collecting the house, and thus, there was no intention or ability to repay the money from the damaged person even if borrowing the money from the damaged person.

The Defendant received from the injured party KRW 3 million on the same day, and from that time, he received a total of KRW 20 million from that time to December 23, 2016, as indicated in the list of crimes, from that time.

(1) On September 27, 2016, the payment method (won) for the remittance bank's repayment method (cost) at the time and place No. 200,000 on September 27, 2016, the repair cost of E 3,000,000 in Busan Jung-gu, Busan-dong, Busan-dong, Dong 2,000,000 on September 30, 2016, Dong Dong 3200 on October 5, 2016, Dong 2,000 on October 5, 2016, Dong 4, Dong 3,000,000 on October 9, 2016.