Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as the representative director of the D Cooperatives (hereinafter “D Cooperatives”), received 5,500,000 won of the monthly wage from the Association as payment from the Association on behalf of the victim. The Defendant fully repaid 5,00,000 won of the loan of this case. The Defendant had intent and ability to repay the loan of this case at the time of the loan of this case.

(b) The sentence (2,00,000 won) pronounced by the prosecutor and the lower court is too unfluent and unjust.

2. In the case of borrowing money from a person who made a judgment as to the defendant's assertion of mistake of facts, in a case where the other party did not respond to the preparation of the funds to be repaid out of the borrowed money if the other party did not respond to the true notice, the crime of fraud is established (see Supreme Court Decision 2003Do5382, Sept. 15, 2005). Taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant, despite the victim's intention to and ability to repay the borrowed money at the time of the borrowing, was deceiving the victim, and received the money by deceiving him/her, even if he/she did not have any ability to do so.

It is reasonable to view it.

Defendant’s assertion is not accepted.

① From the police to the court of the court below, the victim’s attempt to purchase the original unit equivalent to KRW 50 million is insufficient.

to lend 5 million won.

The statements are consistently made.

However, according to the witness G’s statement and the Defendant’s statement at the court of original instance, the Defendant used KRW 4 million in order to repay the price of the original unit in secret, not to use it for purchasing a new original unit from the injured party, and the remainder of KRW 1 million in order to use it for other purposes. The Defendant appears to have used it.