The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Although it should be deemed that there was no intention to commit a crime by deception because the defendant had 30 million won of the lease deposit return claim and there was a intent to repay to the defendant, the judgment of the court below that found the defendant guilty of the facts charged in this case by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment.

The lower court’s sentence of unfair sentencing (six months of imprisonment) is unreasonable.

Judgment

As to the assertion of mistake of facts in the court below, the defendant argued the same as the grounds for appeal in this case, and as to this, the court below should make a decision by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, content of the crime, process of transaction execution, etc. unless the defendant makes a confession (see, e.g., Supreme Court Decision 97Do2630, Jan. 20, 1998). The criminal intent is sufficient, not conclusive intention, but dolusent intent (see, e.g., Supreme Court Decision 83Do340, May 10, 1983). In the civil monetary lending relationship, the criminal intent of acquiring the borrowed money immediately with default cannot be recognized, but if the defendant obtains the borrowed money by pretending the repayment within the time limit for repayment without the intention of full repayment or without the ability to make the repayment within the time limit for repayment, it can be recognized as the criminal intent of defraudation.

(See Supreme Court Decision 86Do1227 delivered on September 9, 1986, etc.) Then, the following facts or circumstances revealed by each evidence of the court below, i.e., (i) immediately after the Defendant borrowed money from the victim, the employees of the beauty room operated by the Defendant disposed of the beauty room on behalf of the Defendant at the end of 2007 or early around 2008, and was in arrears at the time when the employees of the beauty room were delinquent, and the wages for the beauty room employees were KRW 17 million.