The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

1. Summary of the grounds for appeal 1) The lower court’s determination that found the Defendant guilty of the instant facts charged on the following grounds is unreasonable.

① The Defendant used each of the instant loans for the victim’s original purpose, and had the intent and ability to change.

② When preparing for the establishment with the victim, the Defendant spent both transportation and food expenses at his own expense, and the victim implicitly consented to the extension of the due date for each of the loans in this case.

2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. The ex officio judgment prosecutor applied for changes in indictments against the defendant in this court, and the judgment of the court below cannot be maintained as it is, since this court permitted changes in the indictments against the defendant.

However, there are reasons for reversal of authority above, but the defendant's assertion of mistake of fact is still subject to the judgment of this court, and this is examined.

3. The crime of fraud by defraudation of a judgment on the assertion of facts shall be determined at the time of borrowing. The criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, environment, content of the crime, the process of transaction, and the relationship with the victim, unless the Defendant confessions (see Supreme Court Decision 2006Do6795, Nov. 23, 2006). In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, there was the criminal intent of defraudation by the Defendant at the time of following use:

The lower court’s determination that determined the person is justifiable.

(1) On July 16, 2015, and against H

7. It shall be deemed that there has been any income to a certain extent, such as receiving a total of 27.8 million won;

② However, at the time of borrowing money from the victim, the Defendant had a debt of approximately KRW 60 million, and the house room deposit is paid.