The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by taking advantage of his experience in the past construction business while working as apartment security guards, was engaged in three construction works in both sides of the house at H, with the experience of serving as apartment security guards. However, as a result of financial difficulties, such as the owner’s failure to pay construction cost, the Defendant borrowed money from the victim to explain the content of the construction at the construction site and to use it as construction cost.

Although the Defendant was permitted by I, the president, to use the position of “the president” for the purpose of obtaining orders from the Corporation, the said Corporation did not mention the said position in the process of borrowing money from the victim, and it did not reach the repayment of the borrowed money due to unexpected circumstances of the foregoing Yangyang Corporation, and did not have any capacity or intent to repay the borrowed money from the beginning.

Therefore, the defendant did not deceiving the victim and did not have the intention to commit the crime of fraud.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The lower court did not err by misapprehending the legal doctrine or by misapprehending the legal doctrine, comprehensively taking account of the following circumstances acknowledged by the evidence presented by the lower court.

The defendant's appeal to the effect that he was obtained by deception or did not have the intention to commit the crime is dismissed and guilty of the crime.

(A) Although the Defendant did not go through the construction of apartment security guards rather than the Defendant, the Defendant did not call the victim as apartment security guards, but went to the victim at the construction site, such as Yang Pung-ju, etc., and the Defendant was making a false statement that he/she directly works as the Chairperson.

(B) The Defendant stated that the Defendant lent money to the police and the court for the belief that the Defendant is the D Chairperson. (B) The Defendant is the construction cost at both parallel construction sites.