The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim as stated in the judgment of the court below, and had the intent and ability to repay money to the victim at the time of borrowing money from the victim, so there was no intention to commit fraud.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. In full view of the facts acknowledged by the court below based on the evidence duly admitted and investigated by mistake of facts, especially the relationship between the defendant and the victim, the circumstances before and after the transaction, the circumstances before and after the transaction, and the financial status of the defendant, the defendant can be sufficiently recognized the fact that the defendant deceivings the victim with the intention of fraud as stated in the judgment

Therefore, Defendant’s assertion is without merit.

B. The Defendant is the primary offender of unreasonable sentencing.

However, there have been no special changes in circumstances that could determine the punishment differently from the original judgment when the damage has not been recovered until now, and it has not been used by the victim.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit