The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged the misunderstanding of facts is merely a breach of the obligation due to changes in circumstances after offering the shares of the Co., Ltd. E, which he had worked as the representative director, as a collateral and borrowing money from the damaged party.

B. Improper argument of sentencing is unfair because the sentence imposed by the lower court (an amount of five million won) is too unreasonable.

2. In full view of the following circumstances acknowledged based on the evidence duly adopted and examined by the court of the original judgment as to the assertion of mistake of facts, the Defendant received money by fully recognizing that the Defendant did not have the intent or ability to make a legal representation at the time of borrowing money from the injured party as stated in the facts constituting the crime of the original judgment, or that it is difficult at least to do

Therefore, it can be recognized that there was an intention to commit fraud with respect to the borrowed money of this case.

Therefore, the defendant's assertion of facts is without merit.

① At the time of borrowing money from the injured party, the Defendant would pay 6% interest per month if he/she lends money of KRW 30 million to the injured party as he/she urgently requires funds for the operation of the Co., Ltd. E which he/she operates.

If it is impossible to repay funds, it will be repaid even by arranging the shares of E Co., Ltd. equivalent to KRW 50 million.

“The purport was to the effect that “.....”

(2) Accordingly, the victim trusted that the defendant would have intention and ability to repay according to his/her lending and borrowing of money and lent money to the defendant.

I seem to appear.

③ However, at the time of borrowing money from the injured party, the Defendant had already prevented him from returning his obligation.

In addition, E Co., Ltd., in which one defendant is operated as representative director, has reached the accumulated amount of KRW 129 million on the basis of the end of December, 2010, and has not been able to make profits in 201, and the defendant has not been able to do so.