The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal by the defendant is as follows: ① the crime No. 1 of the original decision, and the defendant did not have the ability and intention to repay at the time of the appeal.

Although it cannot be readily determined, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of this part of the facts charged, and ② even if not, the sentence of the lower court sentenced to the Defendant (2,00,000 won) is too unreasonable.

2. As to the mistake of fact

A. The summary of the facts charged and the judgment of the court below (1) are as follows.

On April 5, 2013, the Defendant borrowed KRW 8 million from the Victim D Co., Ltd. D (representative E; hereinafter “victim Co., Ltd.”) office in Seongbuk-gu, Sungnam-si, Sungnam-si, 3401, and borrowed KRW 8 million from the Victim Co., Ltd., the Defendant would pay the interest and principal due to the amount of sales generated from the loan of KRW 8 million.

The lease deposit for commercial buildings in which the main store is located is KRW 30 million, which will provide as security the amount of KRW 13 million among them.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been in arrears with the daily sales of Fju points of KRW 400,00 through KRW 800,000,000 for three months, and had already been in arrears with monthly rent of KRW 3.3 million (including value added tax). From September 2012, when the main office was to operate the main office, business circumstances were not good, such as failure to pay the electricity and gas cost once, and even if the Defendant borrowed money from the damaged party with a debt such as financial rights, etc. of KRW 370,00,000,000 from the damaged party, there was no intent or ability to pay the money.

The Defendant, as such, by deceiving the victim company, received from the victim company KRW 5 million on the same day and KRW 8 million on April 23, 2013 as the borrowed money.

(2) As to this, the lower court found the Defendant guilty on the ground of the evidence at that time.

B. (1) The nature of fraud by defraudation of the borrowed money is to be determined at the above time.