The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since the Defendant borrowed 15 million won from the victim on September 28, 2017, and repaid 25.2 million won in total over eight times from October 9, 2017 to November 21, 2017, the crime of fraud is not established against the aforementioned 15 million won.

The sentence of unfair sentencing (one year and two months of imprisonment) by the lower court is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (a) around August 28, 2017, the Defendant: (b) around September 28, 2017, the financial condition of the Defendant was equal to KRW 1 billion to the principal debt; (c) the interest to be paid each month exceeds KRW 40 million; and (d) the Defendant did not have the ability to pay the amount even if he/she borrowed money from the victim; (b) the Defendant did not properly inform the victim at the time of borrowing from September 28, 2017; (c) did not use the said financial status as the futures option investment for the purpose of borrowing KRW 15 million; and (d) remitted money to other creditors on the date of borrowing the money for the purpose of “defluencing”, the Defendant acquired the Defendant’s ability to pay the money by deceiving the victim on September 28, 2017.

Meanwhile, according to the evidence above, the defendant was found to have remitted total of KRW 25.2 million to the victim from October 9, 2017 to November 21, 2017. However, the victim has paid the defendant money exceeding KRW 300 million for the purpose of investment from October 11, 2016 to September 25, 2017, immediately before the crime of this case. On September 28, 2017, the above KRW 15 million and KRW 20 million were lent to the defendant, and it is difficult to conclude that the above KRW 25.2 million was the cause of repayment, and there is no other evidence to acknowledge that the victim is the victim.