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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who borrowed money from the victims, did not deceiving the victims to use the money, was sufficient and sufficient to repay the borrowed money, such as not having been in a state of debt excess at the time of borrowing the victim D, setting up a collateral security right, and had intent to repay the borrowed money. As such, the Defendant’s act of borrowing the money from the victims does not constitute fraud.
In addition, among the facts charged against the victim F, ① No. 2 of the annexed Table 2 is borrowed by AA other than the defendant. ② The part remitted to the M account in the name of M (the same crime list No. 3, 9, 13 through 16, 19, 21 through 23, 35) is borrowed by M other than the defendant. ③ The part of cash payment (the same crime list No. 38, 46, 47, 71, 73) is not evidence to acknowledge it, and ④ the part borrowed in the form of KRW 50,00 and KRW 100,000 was treated as the part of the defendant or the part of the victim F's restaurant and paid in full.
B. The sentence of one year and eight months, which the court below sentenced to the defendant, is too unreasonable.
2. Determination
A. It is sufficient that the deception as an act of fraud, which applies to a judgment of mistake of facts, is the basis of the judgment for allowing an actor to conduct an act of disposal of property that he/she wishes by not necessarily required to be false as to the important part of the juristic act, but by omitting the other party in mistake.
In addition, fraud can be established even with the intention of deceptiveation which permits the possibility of the occurrence of the crime as uncertain, and in the case of denying the criminal intent of defraudation by the defendant, the objective circumstances such as the financial history, environment, contents of the crime, and the process of the transaction before and after the crime shall be taken into account.