The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to repay the money from the damaged party at the time of borrowing the money, but was unable to repay the money due to the change in the circumstances after borrowing, there was no intention to acquire the money by deception.

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

2. Determination

A. In the appellate trial, the Defendant additionally submitted the details of monetary transactions with the victim, all the registered matters on real estate owned or owned by the Defendant, monetary contents between the Defendant and the victim, taxation certificates, etc.

In addition to the evidence adopted and examined by the court below at the time of borrowing the Defendant’s ability to repay, the Defendant appears to have borrowed KRW 19.2 million from the injured party without the intent or ability to repay, and acquired the money by fraud.

We do not accept the Defendant’s assertion of mistake or misapprehension of legal principles.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below on the unfair sentencing.

Examining the conditions of sentencing indicated in the records and changes of the instant case, the lower court’s sentence cannot be deemed unfair on account of all the circumstances asserted by the Defendant on the grounds of appeal.

The defendant's argument of sentencing is not accepted.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.