The defendant's appeal is dismissed.

1. The summary of the grounds for appeal 1) The defendant, at the time of the instant case, borrowed KRW 200 million from the victim at the time of the instant case, set up the right to collateral security of KRW 300 million with the maximum debt amount on the H real estate located in Bocheon-si, and tried to construct the entrance door of the instant C church with the money actually borrowed from the victim, but dealt with the time of construction due to an increase in the construction cost, which is more than the originally expected construction cost, and therefore, the defendant did not have the intention to obtain fraud. However, the judgment of the court below convicting the defendant of this part of the facts charged, which affected the conclusion of the judgment, is erroneous as it is too unreasonable

2. Determination

A. 1) The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court. (A) The Defendant, from October 2008 to around November 201, 201, served as a member of the International Religious Organization Clock (hereinafter “Clock”) of the International Religious Organization Clock (hereinafter “Clock”) and offered the land and buildings as security, around November 13, 2008, around KRW 1.2 billion from the Incheon Agricultural Cooperative, and around March 2, 2010, around KRW 130 million from the Sejong Credit Union (the previous trade name before the amendment.) and repaid approximately KRW 450 million from each of the existing loans of the C church, and the remaining money was consumed for personal consumption, such as relocation of stocks, etc.

B) On July 2010 to August 8, 2010, the Defendant, immediately before the instant crime, did not have any remaining money as a stock investment failure, and there was approximately KRW 100 million of personal debt in addition to the above bank loan. Moreover, since the Defendant demanded repayment from six creditors, it was urgently needed to pay money. (C) As indicated in the instant facts charged, the Defendant said that the victim on September 28, 2010, as indicated in the instant facts charged, need to take the cost of the Clocking Project.