The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not belong to the victim with respect to the use of the borrowed money in this case, and the defendant's financial standing has deteriorated and failed to repay the borrowed money, and there was no intention to commit the crime of defraudation at the time of borrowing.

B. The lower court’s sentence (six months of imprisonment and two years of suspended execution) against the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court determined that the Defendant was guilty of fraud by taking into account the following circumstances acknowledged by evidence duly admitted and investigated: (i) the victim’s statement on the purpose of the loan is consistent; (ii) the Defendant did not notify the victim of the use of the loan in repayment of other obligations; (iii) the victim stated that he would not lend money if he was the purpose of personal repayment; (iv) the method of lending money was not clear at the time; and (iii) the Defendant could have been difficult to repay the loan money within the agreed three months even if according to the account details of the company operated by the Defendant.

In light of the circumstances indicated by the lower court, the lower court acknowledged that: (a) even if based on the specification of transactions submitted by the Defendant to an investigation agency, the personal balance of the Defendant at the time of borrowing would be KRW 0,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won