All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On May 2012, 2012, the Defendant was able to make an investment in the victim and restaurant business by borrowing KRW 30 million from the injured party on or around May 2012, 201, and the Defendant was able to settle or repay the said amount. Therefore, at the time, the Defendant had the intent and ability to repay the obligation.

In addition, since the above obligation was partially repaid through H or it was possible to offset the defendant's claim of KRW 200 million against the victim, there was an intention of deception or deception against the defendant.

It is difficult to see it.

2) On June 5, 2013, the said money was not borrowed but was paid as operating expenses in the process of preparing for the opening of the cosmetic store business with the victim around that time.

Even if the borrowed money is the borrowed money, it is not possible to offset the claim of KRW 200 million against the victim, thereby acquiring the money from the victim.

B. On the other hand, the Defendant asserts that the sentence imposed by the lower court (six months of imprisonment) was too unreasonable, while the Prosecutor asserts that the sentence was too unhued and thus unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s fraud of KRW 30 million around May 2012, 201 as to the Defendant’s assertion of mistake of fact, it can be sufficiently recognized that there was an intentional intent by deceiving the victim even though the Defendant did not have any capacity or intent to repay, thereby deceiving the victim of KRW 30 million.

The victim, in the investigative agency and the court of the court below, "The defendant lends 100 million won to his land to his land, and the 70 million won will be repaid within one week since the defendant lends 30 million won.

He borrowed from the investigative agency to the court of original trial, and made a statement to the effect that it conforms to the facts charged.

The Defendant raised money from the victim.