The defendant's appeal is dismissed.

1. The summary of the reasons for appeal is that the victim did not lend money to the defendant, but did not borrow money by deceiving the victim without the defendant's ability and intention to repay.

In full view of the following facts, even if the above money paid to the defendant by the victim of family affairs was known to be the investment funds held by the victim of G, as the defendant was aware that G was an investment funds held by the victim, there was no intention to commit fraud (misunderstanding of facts). 2. Determination by the court below, based on the evidence duly adopted and investigated by the court below, the fact that the defendant deceivings the victim as stated in the facts charged in this case and acquired the money

Therefore, the judgment of the court below to this purport is just and acceptable, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

It does not seem that it does not appear.

(1) The Defendant is the borrowed money under the pretext of the victim’s money in the prosecution investigation.

G There is a person who suffered damage from a private village in finding an investment source.

and have been lent through G.

After the two times, the statement was made to the effect that “the victim borrowed money by directly lending it to the victim,” and was consistent from the investigation stage to the court below to “the victim borrowed money.”

B. At the time of October 5, 2015, the Defendant prepared a loan certificate stating that “The principal shall be repaid by March 1, 2016, by borrowing KRW 40 million in full in the name of Co., Ltd., Ltd., the Defendant was operating,” and delivered it to the victim.

Fidelity victim consistently stated from the investigation stage to the court of the court below that “the money delivered to the Defendant, as stated in the facts charged in the instant case, is lent.”

x) G police investigation "the defendant needs to pay money in the production of a gold box electronically in Vietnam," and G police investigation.