The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant received and divided profits from the victim C and G to receive the investment funds from the middle and high-speed purchase. At the completion of the funeral hall of the mutual aid business in which the Defendant separately invested, the Defendant received the loan as collateral and returned the investment funds, and invested in the mutual aid business temporarily by temporarily converting the investment funds received from the victims.

However, due to unexpected circumstances, it was not possible to return the investment money unless the above-mentioned business is well implemented.

Therefore, even though the defendant did not have the intention to commit the crime by deception, the judgment of the court below which recognized it is erroneous by mistake and adversely affecting the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts: (a) insofar as the Defendant does not make a confession, the crime of defraudation, which is the constituent element of the relevant legal doctrine, is bound to be determined by taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime before and after the crime, the possibility of the act of deception, and the process of performing the act of deception, etc.; (b) the crime’s intent is not definite but not definite intention (see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). Although the fact of nonperformance in a civil monetary lending relationship, the intention of defraudation of the borrowed money can not be immediately recognized, in the event of borrowing the money by pretending that the Defendant would have no intent to repay or would have no ability to repay within the due date of repayment as agreed upon (see, e.g., Supreme Court Decisions 83Do1048, Aug. 23, 1983; 2017Do27274).