The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the criminal facts No. 1 of the judgment of the court below, in light of the circumstance where the defendant borrowed money from the damaged person, the execution process thereof, etc., the defendant did not have the intention to acquire money.

However, the lower court erred by misapprehending the legal doctrine on the criminal intent of defraudation in fraud or by misapprehending the legal doctrine on the criminal intent of defraudation, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (eight months of imprisonment and one year of suspended execution) is unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and the result of additional examination of evidence until the closing of pleadings in the appellate trial, the appellate court does not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see Supreme Court Decision 201Do5313, Jun. 14, 2012). Meanwhile, where the statement made by a witness is consistent in the main part, the credibility of the statement should not be readily denied solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is not somewhat inconsistent (see, e.g., Supreme Court Decision 2008Do1212, Aug. 20, 209).