The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the Defendant’s lending of money from the injured party, the Defendant had the intent to repay and ability to repay the money. Since the contract with the large enterprise that intended to purchase a renewable vinyl is not smoothly followed and the price of the closed vinyl does not inevitably repay due to sudden aggravation of games, such as the decline in the prices of the closed vinyl, etc., the Defendant did not have the intent to defraud.

B. The sentence sentenced by the lower court (4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts in the same argument as the grounds for appeal in this case, and the court below stated in detail the decision on the defendant's argument at the last part of the evidence column of the judgment. If we look at the above judgment of the court below in detail compared with the records, the judgment of the court below is just, and there is an error of law by misconception

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. The fact that the defendant partially repaid the amount of damage to the victim and agreed on the determination of the unfair argument of sentencing, and the fact that the defendant is the primary offender is favorable to the defendant.

On the other hand, the damages of this case amounting to KRW 25,200,000, and the fact that there was no repayment for a considerable portion of the damages until the four years have passed since the victim borrowed money from the victim, etc. are disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

Therefore, it is true.