The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In addition to the fact-finding, the Defendant did not have any criminal intent to acquire the money, and the victim, despite being well aware of the financial status of the Defendant, lent money to the Defendant in an internal relationship, thereby not recognizing the Defendant’

However, the judgment of the court below which found the defendant guilty is erroneous.

B. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.

2. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant did not have any intent or ability to repay the money due to bad status of the property at the time of borrowing the money from the victim, and the victim could sufficiently recognize the fact that he was deceiving the defendant and lent the money.

From January 29, 2005 to November 4, 2011, the Defendant borrowed a total of KRW 153,500,000 from the victim for business funds, as stated in the facts charged in the judgment below, from January 29, 2008 to November 4, 201.

B. Since around 2008, D Co., Ltd. operated by the Defendant aggravated management conditions, the profits of the said company were insufficient to use both wages of employees, operating expenses of the company, and interest on the debtors.

(No. 196 pages). (c)

Around 2008, the Defendant owned KRW 101,000,000,000, the value of which was KRW 100,000,000,000, and the Defendant’s wife owned KRW 56,922,00,000,00,000,00 for the land owned KRW 129,000,000,000,000,000,000. At the same time, the said apartment was subject to a right to collateral security (right to collateral security) for the said apartment. As for the land owned KRW 31,00,000,00 in the name of the New Master Construction Co., Ltd., with respect to the superficies of KRW 25,922,00.