The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to repay the borrowed money at the time of the instant loan loan.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is engaged in construction business, and even if having borrowed money from others, the Defendant does not have the intent or ability to pay the money properly:

1. On April 4, 2016, a notary public in Yangcheon-gu Seoul Metropolitan Government, who borrowed 50 million won from C law firm office to the victim D with a business fund, makes payment of the principal by paying 3% interest per month (1.5 million won) and makes payment after one year, and he/she obtains money from the victim through a corporate bank account in the name of the defendant on the same day.

2. On June 2, 2016, the victim under the Yangcheon-gu Seoul building F, Yangcheon-gu, Seoul: “If the victim lends 50 million won with business funds, the principal shall be paid three copies of the monthly interest (1.5 million won) and the principal shall be repaid by November 4, 2016,” and the victim shall receive 50 million won from the victim through the corporate bank account in the name of the defendant on the same day and shall receive 50 million won from the victim as the borrowed money;

3. On November 2, 2016, a false statement stating that “A person would repay KRW 30 million to the victim by the end of November 2016, if he/she lends the funds necessary for obtaining office room” from the above victim in the above E-building F, and then, he/she wired KRW 30 million to the victim first on the same day after receiving KRW 30 million from the victim through the corporate bank account in the name of the defendant on the same day, and then acquired KRW 5 million from the above borrowed money to offset KRW 22 million by the monthly rent deposit to be paid by the victim.

B. Whether fraud is established or not shall be determined at the time of the act. Therefore, in a loan for consumption, the borrower has the intent and ability to repay money at the time of lending it.