Defendant

All appeals by prosecutors are dismissed.

The defendant shall obtain money from the applicant for compensation 200,000 won.

Summary of Grounds for Appeal

Defendant

misunderstanding of facts E requested that a defendant receive 6.8 billion won from the Sri Lankan Government, and if he/she lends money, he/she would be 17 billion won per month to pay 100 million won per month.

The defendant believed the above words of E and thought that the study project in Sri Lanka should be successful, and received money from the victim and delivered it to E as is, and the defendant is only deceiving E and there is no intention to acquire it.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

The lower court’s sentence of the prosecutor (e.g., e., e., g., e., e.

Judgment

The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to judge the defendant's assertion of mistake of facts, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant confessions, and the criminal intent is sufficient not to be a conclusive intention but to

(See Supreme Court Decision 2007Do10416 Decided February 28, 2008, etc.). In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be sufficiently recognized that the Defendant had the criminal intent to obtain fraud as stated in the lower judgment.

Therefore, the defendant's assertion of mistake is without merit.

The Defendant, along with E, operates the M Association and is going to study in Sri Lanka, but around October 2015, at the time of borrowing money from the Defendant, the above business was no longer prepared, and the study in Sri Lanka was completed without going further.

The defendant alleged that he believed that he would receive 6.8 billion won from the Sri Lankan government, but according to the statement of E, the above subsidies are well implemented by E, separate from the study study project.