The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the entry of the facts charged in this case, provided that “I will lend money to the victim which is difficult to pay. I would like to pay the money soon.” However, I would like to receive a request for estimate or manufacture of a team from E, etc.

There is no statement that he/she will repay the borrowed or borrowed money within one week.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. 1) The intent of the crime of defraudation, which is the constituent element of a crime of fraud, is to be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing the transaction, so long as the defendant does not make a confession. In the case of borrowing money from another person, if the other party did not respond to the true notice about the purpose of the borrowed money or the method of raising the funds to be repaid if the other party did not respond to the true notice, the crime of fraud is established (see, e.g., Supreme Court Decision 2003Do5382, Sept. 15, 2005). 2) In light of the above legal principles, in light of the following circumstances, it is sufficiently recognized that the defendant deceivings the victim and obtained the money from the victim, taking into account the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below.

Therefore, the defendant's assertion is without merit.

(1) The injured party shall play a role in dismantling and moving public machinery to another place of business at an investigative agency, and manage, in respect of the machines to be moved to, the lower court, such as electrical cable decomposition and finishing, whether they work or not.