The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the fact that the Defendant was able to expect a loan by continuing the construction of commercial buildings at the time of borrowing the money from the injured party, and had the intent or ability to repay the borrowed money to the injured party.

B. Improper sentence of the lower court (two years of suspended sentence of one year and 80 hours of community service) is too unreasonable.

2. Determination

A. 1) The criminal intent of defraudation, which is a subjective constituent element of fraud, has to 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 performing transactions before and after the crime unless the Defendant makes a confession. The criminal intent is not definite intention, but dolusent intent (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008). 2) In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the court below, the criminal intent of defraudation, which is the subjective constituent element of the crime of fraud, shall be determined by taking into account whether the Defendant had the criminal intent of defraudation from the damaged person at the time of borrowing the instant money from the victim, and the Defendant’s business was carried out as soon as it was anticipated that the Defendant had no ability to repay the money within the due date of payment, and at least the present criminal intent.

full recognition may be accepted.

① At the time of the instant case, the Defendant operated A Q Co., Ltd., which was engaged in sales agency business for apartment units built in the Guro-gu Seoul N and Chuncheon City BB. However, not only the sales performance was low, but also false for the purpose of planting the sales performance.