The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, who received the F personal information from E, a member of a business team, sent the aforementioned mobile phone machine to E, and the Defendant did not have any intent or ability to pay the communication fees and terminal fees, and acquired the victim SK Telecom Co., Ltd. by deceiving the victim SK Telecom as indicated in the facts charged.

2. The intent of the crime of defraudation, which is a subjective constituent element of the crime 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, and the process of transaction before and after the crime, unless the Defendant makes a confession. The intent of the crime is not a conclusive intention, but a willful negligence is sufficient.

(2) In light of the following circumstances, the Defendant asserted that the Defendant provided F’s personal information, a member of the cell phone opening and sales team, by e-mail from E, a member of the cell phone opening and sales team, was provided by the lower court, based on the evidence duly adopted and examined by the lower court (see, e-mail, etc., Supreme Court Decision 201Do7313, Sept. 12, 2013). However, the Defendant’s assertion is difficult to believe that the e-mail received from E was all false; the Defendant’s information on pictures and addresses except the resident registration numbers recorded in the F’s resident registration certificate; the Defendant appears to have sent the Defendant personal information necessary for joining the cell phone while misrepresenting E; and the Defendant was unable to properly disclose the personal information necessary for joining the cell phone; the Defendant appears to have arbitrarily opened the cell phone opening using personal information of about 100 items at that time; and among them, it appears that considerable personal information illegally collected or made by the persons related to the opening and sales of the cell phone was also included.