The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is credibility in the statement of the victim's investigative agency that the defendant additionally lent money to the business of a place of waste and acquired money. On the other hand, the statement, etc. submitted by the victim during the trial process of the court below was prepared differently from the fact at the victim's request of his/her birth in order to obtain payment of damage, but the court below rejected the defendant's statement in the investigative agency based on the above statement, etc. and acquitted the defendant.

2. Determination

A. The lower court acquitted the Defendant of the charge of fraud on the following grounds.

1) The statement made by the victim's investigative agency that there was deception as stated in the facts charged is as follows: (i) the victim made a statement different from the statement made by the investigative agency that he borrowed KRW 29 million through G, based on the trust relationship with F, a student of the defendant, rather than by face-to-face loan transaction with the defendant in the statement submitted at the court below; and (ii) the statement made by the witness G, who arranged the loan transaction in this case, at the court of the court of the court below, made a request from the defendant for a loan of KRW 10 million among the 10 million collected at his own expense without any negotiation between the defendant and the victim, and (iii) it is difficult to believe in light of the fact that the defendant and the victim could have been able to borrow money in addition to this case, even if the defendant made the statement as stated in the facts charged, it appears that the above loan transaction was made based on the trust relationship between G and the disposal act.