The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of borrowing the loan, has sufficient capacity to repay the loan amount of KRW 2.5 million per month. However, since the loan amount was fully consumed by C’s boiler replacement expenses, automobile insurance premium, etc. while living with C, C, and C did not pay the above loan amount, there is no intent to commit fraud.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, since the defendant received the amount of KRW 200,000 from 20,000 to 70,000 as salary from the damage insurance company at around the time of borrowing 2 million won from the victim and raises two of the high school and middle school students, it seems that the above payment was insufficient to cover the living expenses ( there is no evidence to prove that the defendant had any income exceeding the above amount). The defendant was in a bad credit condition by defaulting national tax of KRW 238,572,00 on August 3, 2010, and was in a debt of KRW 10,000,000 (Evidence record 98). The defendant did not have any intention or ability to repay to the defendant, and whether the defendant used the borrowed amount for any purpose does not affect the recognition of the criminal intent to commit fraud.

B. Although it is apparent that the Defendant has a duty to pay the borrowed money regardless of whether the Defendant used it for C or not, taking into account the fact that he has not made full efforts to pay damages up to the trial, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.