The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the fraud against the above victim on the ground that the defendant did not deceiving the above victim at the time when he borrowed money from the victim H, and that the defendant had sufficient means to do so, and that the defendant had the intent to commit the crime of defraudation, the court below erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) The criminal intent of deception, which is a subjective constituent element of fraud, is bound to be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime unless the Defendant makes a confession. The criminal intent is sufficient not to be conclusive but to do so (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008; 2007Do8726, Aug. 21, 2008). The deception means that it causes mistake to a person contrary to the good faith principle that is contrary to the principle of trust and good faith that should be widely observed in the transactional relationship, and that mistake is not necessarily required to be related to the important part

I would like to say.

2) Specifically taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant paid the principal to the Victim H on January 26, 2016, even though the lower court was duly admitted and investigated.

Even if the defendant had no objective ability to repay the borrowed money from time to time to time to the above victim under the circumstances where he had been aware of the repayment of the borrowed money to the above victim, there was, at least, the criminal intent of defraudation by the defendant.

Recognized.

① The above victim assisted the Defendant to rent “G music” located in Songpa-gu Seoul.