The defendant's appeal is dismissed.

1. The summary of the grounds for appeal 1) The defendant misunderstanding the fact that he did not make the victim make a false statement as a certified judicial scrivener, and he would lend money to the defendant who helps the victim to work with the church first.

It was received only, and it was only impossible to repay the money with an unexpected business fault.

However, the court below found the defendant guilty of the facts charged of this case on the ground that the defendant deceivings the victim to acquire money.

2) The lower court’s unfair sentencing (five months of imprisonment) is too unreasonable.

2. Determination 1) The crime of fraud through the defraudation of a judgment on the assertion of misunderstanding of facts shall be determined at the time of borrowing. The subjective constituent elements of the crime of fraud shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, contents of the crime, the process of transaction, and relationship with the victim before and after the crime unless the Defendant confessions (see Supreme Court Decision 2006Do6795, Nov. 23, 2006). Comprehensively taking into account the following circumstances revealed by the evidence duly adopted and investigated by the court below, the Defendant acquired money by deceiving the victim.

The lower court’s determination that determined the person is justifiable.

(1) The credibility of the victim’s statement was stated to the effect that the Defendant, at the time of lending money, he/she had a certified judicial scrivener and an authorized intermediary certificate and performed any work related to reconstruction, but it was not required to use the project funds for three months due to the Plaintiff’s membership fees (the investigation record 63 pages, 116 pages, 182 pages, and the trial record 42 pages). Meanwhile, the Defendant stated to the effect that he/she was running a business related to the FF redevelopment in Gangdong-gu Seoul, but he/she was expected to be able to pay the money to the victim upon the lapse of three months (the investigation record 96-97 pages). In light of the victim’s occupation, career, and the content of the statement up to the original trial, etc., the rebuilding membership fees, etc