The defendant's appeal is dismissed.

The defendant pays 40,000 won to the applicant for compensation by fraud.

1. Summary of grounds for appeal;

A. The victim did not borrow money from the victim from the beginning of misunderstanding of facts, or from the victim's thought to use it for illegal gambling, and there was no intention to acquire money because the interest was paid well at the beginning.

B. Decision of the court below on unreasonable sentencing: 6 months of imprisonment.

2. Whether the crime of fraud is established through the defraudation of a judgment on the assertion of mistake shall be determined at the time of borrowing. The existence of the subjective constituent elements of the crime of fraud shall be determined by taking full account of the objective circumstances such as the defendant’s financial history before and after the crime, environment, contents of the crime, the process of transaction, and relationship with the victim, unless the defendant makes a confession.

(See Supreme Court Decision 2006Do6795 Decided November 23, 2006, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2006Do6795, Nov. 23, 2006). The defendant, at the time of borrowing money from the victim, was liable to pay approximately KRW 113.2 million to the card company, savings bank, and lending company at the time of borrowing money, while there was no special income other than KRW 2.0 million from KRW 2.5 million to KRW 2.5 million, the defendant continued to stay in illegal sports sports sports sports entertainment, and used a large portion of the money actually received from the victim for gambling. (3) The defendant did not notify the victim of the fact that he borrowed money for repayment of debts, living expenses, etc., and used it for gambling to the victim. However, the victim denies his claim, and the defendant did not borrow money from the victim.