The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to give F a fine, the Defendant borrowed KRW 1 million in this case, and not only believed that F would make a repayment by the end of the month, but also had intention and ability to make a repayment, so there was no intention to commit the crime of defraudation.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below's assertion of misunderstanding of facts and misapprehension of legal principles and the following circumstances acknowledged by the court below. ① The defendant stated at the investigative agency that there was no profit at the time of borrowing KRW 1 million. ② The defendant did not have the money repaid to the victim after the commencement of the investigation into the instant case on the victim's complaint from August 2008 to May 2010, and not only did the money repaid to the trial of the party branch until the time of arrest on September 2013. ③ The defendant was allowed to pay the above fine by lending KRW 1 million upon the F's request, and the defendant believed the defendant to have promised to pay the above fine on the last day of the relevant month. Even if the F had no objective evidence supporting such assertion, it is difficult to find that the defendant was not able to obtain and promise to pay the victim's property from the victim and the defendant's intent to pay the money to the third party.