The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant’s assertion of misunderstanding of facts on October 30, 2012 is G golf membership worth KRW 180 million at the market price that the Defendant had possessed in D’s name at the time of borrowing KRW 40 million from the victim on October 30, 2012 (hereinafter “instant golf membership”).

(2) Regarding the instant golf membership, the Specialized Construction Mutual Aid Association established a pledge equivalent to KRW 60 million, and only the remaining value of the instant golf membership was sufficient to secure the Defendant’s obligation to borrow the loan amount of KRW 40 million against the Defendant’s victim. At the time of borrowing, the Defendant had sufficient capacity and intent to repay. (2) The Defendant asserted the misapprehension of the legal doctrine as to golf membership in this case, the Defendant did not have a duty to notify the Defendant of the fact of establishing a pledge, as

Therefore, it is not possible to recognize fraud against the defendant under the premise that the defendant has breached his duty of disclosure.

B. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances revealed by the court below and the court below's legitimately adopted and investigated evidence, it can be recognized that the defendant did not have any ability or intent to repay KRW 40 million from the victim on October 30, 2012 at the time of borrowing the money (the issue of whether the defendant was obligated to notify the victim of the fact that the right of pledge was established on golf membership in this case is recognized as fraud without need to further examine). Thus, the court below's determination that the defendant was guilty of the facts charged in this case is just and it is not erroneous in the misapprehension of facts or in the misapprehension of legal principles.

Therefore, this part of the defendant's assertion is rejected.

On August 19, 2011, the Specialized Construction Financial Cooperative established a pledge equivalent to KRW 180 million on golf membership of this case and Defendant on October 30, 2012.