The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. In fact, the Defendant merely received a promissory note or a check under the pretext of pre-paid gold, i.e., receiving the captain’s wages from the owner of the ship, and thus, cannot be viewed as a borrowed money. Moreover, the Defendant did not intend to commit fraud since it was impossible for the Defendant to pay part of the pre-paid payment while working as the captain, and it was impossible for the Defendant to do so.

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

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant was issued a promissory note or check as stated in this part of the facts charged as the borrowed money, and the Defendant did not have the intent or ability to recover it within the payment date or to repay par value.

Since it appears, it can be fully recognized that the defendant commits the crime of defraudation.

Therefore, the defendant's above assertion is rejected.

1) The victim, from the investigative agency to the court below, “The defendant paid wages in advance” to the defendant, “The head of Promissory Notes 1, 20 million won per promissory Notes 1, 1, and 10 million won per books per bill under which the defendant has been urged to cause a dispute, and the head of Promissory Notes 3 will make the payment of the promissory Notes under the name of the owner of the vessel after using them on the date of payment after using them, in the situation where the defendant has been urged to cause a dispute.

In short, “The name of the Defendant is consistently stated as the borrowed money (2016 highest order 847 2 book No. 59 through 61 of the evidence record, and 50 through 52 of the trial record). ① When the Defendant starts work as the captain, the victim paid 15 million won in advance to the Defendant (1st page 57 of the evidence record of 2016 highest order 847) and deposited KRW 100,000 to the Defendant’s veterinary cooperation account around February 8, 2013, including deposit of KRW 1,00,000 from each month until July 2015.