The defendant's appeal is dismissed.

The court shall reject an application for compensation by the applicant for compensation.

1. Summary of grounds for appeal;

A. In light of the following circumstances, as stated in the lower judgment, the Defendant did not have the ability or intent of repayment at the time of borrowing KRW 20 million (hereinafter “the loan of this case”) or deceiving the victim.

subsection (b) of this section.

However, the judgment of the court below that found the defendant guilty of the crime in the judgment below is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

1) At the time of the instant loan, the Defendant did not notify the victim of the transfer to I of the claim for the refund of the lease deposit (hereinafter “the claim for the refund of the lease deposit of this case”) located in Gwangju-si G Healthst (hereinafter “the instant healthst”) located in Gwangju-si (hereinafter “the instant healthst”). However, the Defendant informed the victim to H who introduced the victim.

The Defendant only received the instant loan from the victim to say that H’s “I have a lot of talked with money,” and only received the instant loan.

2) At least at the time of transferring the instant health care to the victim, the Defendant clearly notified that the victim should pay KRW 30 million out of the deposit for the instant lease to I.

However, for any reason, the victim paid the Defendant the full amount not deducted from the transfer price of the head of the instant health care center to the Defendant, and the Defendant, without recognizing such circumstances, consumed the transfer price paid by the victimized person.

Since then, the Defendant had the intent to pay I the amount equivalent to KRW 30 million for the lease deposit of this case, but the victim incurred losses by subrogated repayment of KRW 30 million to the lessor N without any difference with the Defendant in the process of disposing of the instant health care.

3) At the time of borrowing the instant loan, the Defendant is operating the instant health center.