The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case, even though the Defendant did not have any criminal intent to obtain fraud, such as bringing down the down payment to the K slaughterhouse in order to consult on the receipt of the K slaughterhouse with the intention of accepting and operating the K slaughterhouse, and creating the collateral security in the name of the victim H Co., Ltd. (hereinafter the victim H). The lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud to determine the factual misunderstanding, has to be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and details of the crime before and after the crime, and the process of transaction execution, so long as the defendant does not confession, and the criminal intent is not a conclusive intention but a dolusent intention (see Supreme Court Decisions 2004Do8651, Mar. 24, 2005; 2007Do10416, Feb. 28, 2008). The defendant argued to the effect that this part of the claim is identical to the assertion in the lower court, and the lower court rejected the aforementioned assertion in detail by clarifying the facts and judgment.

The following circumstances, which are acknowledged by the lower court based on the evidence duly adopted and examined by the lower court in light of the aforementioned legal principles and the circumstances revealed by the lower court, namely, ① the Defendant, on June 3, 2014, agreed to receive loans of KRW 3.64 billion, which is KRW 5.2 billion, which is the maximum amount of the claim of the right to collateral security to be created on the said land, as collateral, and to use KRW 1.64 billion, among them, as distribution business expenses for the livestock industry, and pay KRW 2 billion to AH by the deposit money until June 30, 2014. The Defendant, on June 11, 2014, agreed to pay KRW 2 billion from the victim H the instant land as collateral.