The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of borrowing money from the injured party, as stated in paragraph 1 of the holding that the Defendant was guilty, the Defendant provided the injured party as security at a reasonable market price, and the Defendant had considerable property, and thus, had the ability and intent to repay the money at the time of borrowing.

In addition, as stated in Section 1-A and Section 1-B of the ruling, the amount borrowed by the defendant from the injured party, such as the defendant's spouse D, used to operate the beauty room business in Japan, and the amount borrowed by the defendant from the injured party, such as Section 1-C of the ruling, has been lent in good faith to the injured party, and there is no fact of deceiving the injured party.

B. The Defendant did not use the attempted fraud and the uttering of the above investigation document by submitting it to the Seoul Northern District Court on April 30, 2009, knowing that he/she had forged or falsified a copy of the certificate of borrowing from April 30, 2009 (hereinafter “the document of this case”), a certificate of borrowing from April 30, 2009, a certificate 1, a certificate of borrowing from July 23, 2009, and a certificate of waiver of the self-guaranteed goods (hereinafter “the document of this case”), and the above documents were consistent with the facts and thus, the Defendant was unaware of the full bench in charge of civil litigation.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. Determination on fraud 1) The criminal intent of defraudation, which is a constituent element of fraud of relevant legal principles, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction, unless the defendant makes a confession (see Supreme Court Decision 95Do424, Apr. 25, 1995). In borrowing money from others, where the other party did not respond if he did not respond to the true notice regarding the purpose of the borrowed money and the method of raising funds to be repaid, and where he received money by notifying the other party of the fact contrary to the truth as to the method of raising funds to be repaid.