The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant re-loans part of the borrowed money of this case against the surrounding neighbors. However, on the wind that the mother could not recover the borrowed money, the Defendant was merely unable to pay the principal and interest to the victim properly, and the Defendant did not pay the interest to the victim in excess of KRW 10 million. In addition, the Defendant did not intend to obtain money with respect to the fraud of this case.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) there was no special occupation for the defendant at the time of the crime of fraud of this case, and there was no fixed income; (ii) the defendant was a bad credit holder since 1994; and (iii) the defendant applied for bankruptcy and exemption due to the impossibility of paying excessive debts at the time of the initial loan; and due to these circumstances, even if he borrowed money as stated in each of the facts charged of this case, he was difficult to pay the principal to the victim with high interest rate at his own expense and principal; (iii) the defendant used part of the above money borrowed from the victim for the purpose of paying his own existing debt; and (iv) even if the defendant was given a loan to the mother operating the bond business but failed to recover some money, the possibility of recovering the principal due to the borrower’s financial ability is extremely low, and furthermore, the defendant’s statement at the prosecutor’s office and the mother’s office after delivery of money to the police and the mother.