The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error 1) As to the fraud portion of May 23, 2014, the Defendant received 68,097,500 won from the victim and received 68,097,50 won from March 20, 2017 to August 21, 2017, and the Defendant had the intent or ability to pay 1,01,00 won at the time of repayment of interest, 1,000 won from March 20, 2017 to August 21, 2017.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence, probation, and community service order) is too unreasonable.

2. Determination

A. On May 23, 2014, the lower court also asserted the same purport as the grounds for appeal. The lower court determined that the Defendant borrowed KRW 50 million from C around May 2014, and it is difficult to recognize that the Defendant paid part of the principal out of the above loan until May 23, 2014. The total market price of the real estate owned by the Defendant was approximately KRW 30 million, but the maximum debt amount of the right to collateral security established on the real estate was KRW 247 million, and at the time, the Defendant was the card price refunded, and the card price was approximately KRW 20 million, and the Defendant was 20 million, and the Defendant paid KRW 20 million among the money received from the victim, and it was difficult to accept the Defendant’s claim that the Defendant had no ability to use the cash again at the time of committing the crime.