The judgment below

Each crime of fraud listed in the [Attachment 1] Nos. 3 through 8 of the [Attachment 1] of the ruling, and the ruling No. 2.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles may have borrowed money from the victims, but there is an error of misconception of facts and misapprehension of legal principles as to the crime of fraud and extortion, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles on the facts charged of the instant case, even though the victims deceiving the victims, by deceiving them that they did not have obtained money or obtained credit cards, and were either intended to make full repayment or transferred to the victims, the lower court recognized part of the facts charged of the instant case.

1) Frauds listed in Section 1: Imprisonment with prison labor for four months, three to eight, and each crime of conflict listed in Section 2 of the Decision: Imprisonment with prison labor for two years and eight months) are too unreasonable.

B. Regarding frauds as stated in misunderstanding 1) misunderstanding 2 of facts, even if the victim thought that he would not receive money, it may be recognized that he would be able to trust and lend the defendant's words that he would receive money only with a simple awareness of the possibility, and in light of the fact that the defendant had already been in a bad credit position at the time of borrowing, and that he did not repay money from the victims, the court below acquitted the defendant about this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact that the defendant's act of disposal by fraud and deception could be recognized, but the court below acquitted the defendant about this part of the facts charged.

2. Determination

A. As to the crime of fraud as stated in the first clause of this Article, unless the defendant makes a confession, the crime of defraudation, which is a subjective constituent element of the crime, shall be determined by taking into account the objective circumstances such as the financial history, environment, content of the crime, and the process of performing the transaction before and after the crime, unless the defendant makes a confession. The Supreme Court decision on April 27, 2007.