The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, this judgment against the defendant.

1. Summary of grounds for appeal;

A. In fact, when the Defendant was granted KRW 50 million from the injured party at the time of the instant lease agreement on the instant loan (hereinafter “instant lease”), the Defendant attempted to use the said KRW 50 million for the repayment of the secured debt. However, in order to prevent the seizure of the loan of this case due to changes in the Defendant’s economic condition, the Defendant was first appropriated for the repayment of the claim, and thus, the Defendant did not have any intent to obtain deception.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Whether a crime of fraud is established as to the assertion of mistake of facts should be determined at the time of the act. As such, the issue of whether a criminal intent is recognized as the criminal intent of defraudation by a criminal defendant should be based on the time when he/she receives the money obtained by defraudation, which is at the time of the act of fraud (see, e.g., Supreme Court Decision 2008Do5618, Sept. 25, 2008). According to the evidence duly adopted by the court below, even if the defendant had an intention to receive the balance in February 7, 2012, which was at the time of the conclusion of the instant contract, and to use the balance in repayment of the previous secured debt, even if he/she received the remainder in the original contract on March 8, 2012, which was the date of payment of the remainder, even if he/she did not have an intention to reduce the maximum amount of the claim by repaying the secured debt and did not receive the criminal intent by deceiving the defendant as much as he/she did.

Therefore, the defendant's assertion is without merit.

3. Although the victim of the judgment on the wrongful argument of sentencing wanted to be punished by the Defendant, the Defendant paid the victim the amount of KRW 6 million before, and the victim deposited the amount of KRW 40 million on June 16, 2016, and KRW 15 million on July 19, 2016, respectively, and was stated in the indictment.