The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

[Judgment on the grounds of appeal] The summary of the grounds of appeal is unreasonable because the Defendant had the intent and ability to repay the borrowed money at the time of borrowing money over three times from the victim B as stated in the judgment of the court below, and there was no intention to commit fraud. In particular, since the Defendant repaid the total amount of KRW 10 million immediately after borrowing the borrowed money in the case of KRW 10 million as stated in the judgment of the court below, it is not a crime of fraud (deficiencies). The sentencing of the court below (2 years of imprisonment, 120 hours of community service)

(In light of the evidence duly adopted and examined by the court below as to the allegation of mistake of facts, the defendant borrowed 4 million won from the victim's account on October 6, 2009 to the defendant's account, and paid 2 million won on the day and the following day to the victim's account. On October 16 of the same year, the defendant borrowed 6 million won from the victim's account to the defendant's account, and then borrowed 6 million won on the same day (Evidence No. 79-80 of the evidence record). The evidence submitted by the prosecutor alone cannot be readily concluded that the defendant had no intent or ability to repay the above borrowed money at the time, and there is no other evidence to acknowledge this portion of the defendant's claim.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the crime Nos. 2 and 3 of the decision of the court below, it can be sufficiently recognized that the defendant had no intent or ability to repay the borrowed money to the defendant at the time of borrowing this part, and there is an intention to commit the crime of defraudation. Therefore, this part of the defendant's assertion is without merit.

(1) On the first day of the trial of the lower court, the Defendant made a confession of the facts charged, and there is no reason to suspect the credibility of the confession.

(2) The defendant's lending of money by the prosecutor's office is the immediate.