The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant was only unable to repay the money borrowed from the damaged party due to the aggravation of the economic situation, there was no intention to commit fraud.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of this case, the punishment of a fine of 500,000 won imposed by the court below against the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, it can be recognized that the Defendant had a criminal intent to acquire money from the injured party at the time of borrowing money from the injured party.

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

1) At the time of borrowing money from the injured party, the Defendant was unable to lend money from a financial institution because it was not good credit, and the income from the daily occupation was difficult to cope with the cost of living, and there was no special property. Therefore, even if the Defendant borrowed money from the injured party, there was no appropriate measure to repay the money.

2) On July 27, 2015, the Defendant received demand from the injured party for reimbursement, and prepared a monetary consumption loan agreement with the victim as of November 24, 2015. However, the Defendant did not fully repay until the lapse of two years and six months from the borrowing date.

3) Even if the Defendant had the intent to repay the money to the victim at the time of lending the money, in light of the above circumstances, the Defendant appears to have been aware of the fact that the Defendant could not pay the money borrowed to the victim at least but accepted it and borrowed money.

B. The grounds for sentencing indicated in the instant argument and the record of the judgment on the unfair argument of sentencing.