The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 피고인은 피해 자로부터 원심 판시 별지 범죄 일람표 기재의 각 금원을 차용( 이하 ‘ 이 사건 차용’ 이라 한다) 할 당시 첼로강사로 일을 하며 꾸준히 개인 레슨을 하여 왔기 때문에 위 차용금을 변제할 의사와 능력이 있었고, 실제로 상당기간에 걸쳐 변제를 위한 노력을 기울여 왔으며, 피해자 역시 피고인의 신용상태를 잘 알고 있었으므로 피고인에게 편취의 범의가 있었다고

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. (1) The judgment of the court below as to the assertion of mistake of facts (1) shall be made by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, process of transaction, etc. insofar as the defendant does not make a confession, insofar as the criminal intent of defraudation, which is a subjective constituent element of fraud of the relevant legal principles, is bound to be determined by taking into account all the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime. The criminal intent is sufficient, not conclusive intention, but dolusent intent, in civil monetary lending and lending relationship, and it is not possible to recognize the criminal intent of defraudation of borrowed money immediately with the fact of default. However, if the defendant borrowed money by pretending as if he did not have a clear intention to offer or have no ability to repay within the due date for repayment as he promised to borrow money, the criminal intent of defraudation may be recognized (see Supreme Court Decision 2010Do18139, May 13, 2011).

The following circumstances acknowledged by the court below in detail and by the evidence above.