All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

1) Since the Defendant believed C’s speech and borrowed money from the victim, there was no intention to commit fraud. 2) The sentence of the lower court on unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of community service order) is too unreasonable.

The balancing of the court below's decision is unfair because it is too uneasible.

Judgment

However, unless the defendant makes a confession, the intent of the crime of defraudation, which is the constituent element of the crime of fraud, shall be determined by comprehensively taking into account objective circumstances such as the defendant's financial power, environment, details of the crime, and process of transaction before and after the crime. The criminal intent of the crime is not a conclusive intention, but a willful negligence is sufficient (see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). Furthermore, deception as an action of fraud does not necessarily require false indication as to the important part of the juristic act, and it is sufficient if it is related to the facts that form the basis of judgment in order to allow the other party to engage in an act of disposal of property which the offender wishes by omitting the other party into mistake, and if the other party would not have lent money if he/she had notified the true purpose of use, it shall be deemed that the act of fraud is an action of fraud.

(See Supreme Court Decisions 2003Do7828 delivered on April 9, 2004, and 95Do2828 delivered on February 27, 1996, etc.). According to the evidence duly admitted and investigated by the court below, the court below: (a) in fact, the Defendant did not have any fact that the Defendant had engaged in computer import business at the time of the instant case and was waiting for customs clearance for computer import; (b) the Defendant was planning to lend the borrowed money from the victim to another person in return for receiving expenses; and (c) even after lending KRW 30 million to C, the borrowed money should be repaid at any time.