The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to repay the borrowed money at the time of borrowing money from the victim.

In addition, at the time of lending money to the defendant, the victim was sufficiently aware of the situation that the financial situation of the defendant is not good, and there is no false statement about the defendant's intention to repay to the victim and ability to repay to the victim.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances as to the Defendant’s assertion of mistake of facts, the Defendant’s legal statement at the trial of the lower court, the witness C’s legal statement, each value-added tax base certification, the Seoul Central District Court Decision 2014Da53038 Decided the Seoul Central District Court, and the deposit transaction record certificate, etc., even if the Defendant borrowed money from the victim, it can be sufficiently recognized that the Defendant either knew that he was unable to repay the money until the date of the promise, or at least dolusently knew that he was unable to do so and received money from the victim. In an uncertain situation where the Defendant could not be able to repay the money by July 25, 2009, the Defendant deceiving the victim as if he had paid the money by the day

1. On July 20, 2009, the Defendant demanded to lend money to the victim by saying that it is urgently needed, and that he will use the money.

Since the victim had to pay a monthly salary to the employees on July 25, 2009, it was confirmed that it was possible for the defendant to pay the monthly salary until July 25, 2009, and it was 25 days.

After confirming the defendant's intention, "the defendant lent 20 million won to the defendant."

2. The Defendant used approximately KRW 800-9 million for the payment of the pre-existing goods from the victim. Of the remainder, approximately KRW 9 million was sold at the event that was scheduled in the Home Packer around July 2009.