The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant borrowed each of the instant money from the damaged party for gambling. In other words, the Defendant borrowed the money from the damaged party.

The victim also lent each of the instant money to the defendant with specific knowledge about the purpose of the loan and the ability of the defendant to repay.

In particular, with regard to crimes Nos. 3, 4, and 5, the defendant borrowed each money and provided sufficient security to the victim.

Therefore, the defendant did not deceiving the victim as stated in each of the facts charged of this case, nor did he had the intention of defraudation.

However, the judgment of the court below which found the Defendant guilty of each of the facts charged in this case is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence sentenced by the lower court to the Defendant (a punishment of KRW 7 million) is too unreasonable.

2. Determination

A. Whether deception as a requirement for fraud is a mistake of facts and legal principles (1). The deception as a requirement for fraud refers to any affirmative or passive act that has a good faith and sincerity to be observed in the transactional relationship of property widely. It does not necessarily require that it is a major part of a juristic act. If it is reasonable to determine the basic facts of a judgment in order to allow an actor to perform a disposal of property he wishes by omitting the other party by mistake, it shall be reasonable. Whether a certain act constitutes deception that causes a mistake of another person shall be determined generally and objectively by taking into account the specific circumstances at the time of the act such as transaction, the other party’s knowledge, experience, occupation, etc. (see Supreme Court Decision 2005Do1991, Oct. 25, 2007). The criminal intent of deception, which is a subjective constituent element of fraud, has to be determined by taking into account the following factors: (a) the history of the crime before and after the crime, the environment, the details of the crime, and the implementation process of the transaction, etc. (see Supreme Court Decision 2005Da5.).