The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) committed the act of installing a pumps to the victim; and (b) obtained a loan from H in the name of the victim; (c) however, with the consent of the victim, the Defendant used KRW 1.1 million out of the loan as the company’s funds and decided to repay the loan; and (d) there was no intention to acquire the loan by fraud, since the interest thereon was paid periodically.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated, the fact that the Defendant deceivings the victim and acquired the loan in the name of the victim, and the intention of defraudation is also sufficiently recognized.

(1) The victim, at the request of the defendant from the investigative agency to the court of the court below, decided to set up the pumps at the victim's church, and the defendant already set up the pumps because of the shortage of funds to purchase the pumps, which will first receive a loan.

On May 2, 2014, the victim entered into an installment financing agreement with H and received a loan.

“A specific and consistent statement was made to the effect that it is not inconsistent with the circumstances at the time.”

On the other hand, there is no reason to dismiss the credibility of the statement.

(2) The defendant asserts that a church is not a church, but a convalescent hospital, which is set up with pumps, and that it cannot be set up as a matter of remodelling the convalescent hospital, and that it is not deceiving the victim.

However, the place of installation stated in the letter of product installation submitted to H is the address of the defendant's church, and the defendant and the victim.