The prosecutor's appeal is dismissed.

1. Summary of the facts charged in this case

A. The Defendant is the representative director of D Co., Ltd. who has engaged in the business of collecting earth and stone.

On June 201, the Defendant called the victim H who operates G Co., Ltd. through East F at the D Co., Ltd. office located in Sungsung-si around June 201, saying, “The Defendant would pay the price without problem of supplying the oil.”

However, around that time, D Co., Ltd. had a debt of five billion won, and D Co., Ltd and the real estate in the name of the Defendant was established with the collateral due to the above debt, and the wages of employees were not paid properly, and there was no intention or ability to pay the amount even if the oil was supplied by the victim.

The Defendant, as such, by deceiving the victim, was supplied by the victim with oil equivalent to KRW 117,319,178 from July 5, 201 to October 20, 201.

B. On September 1, 2011, the Defendant had the vehicles belonging to the Defendant Company share oil, as if he paid the oil price properly at the K station in the operation of the victim J in Sungsung-si.

However, the defendant is guilty.

For the same reason, there was no intention or ability to pay the price even if the oil has been supplied by the victim.

The Defendant, as such, by deceiving the victim, was supplied by the victim with oil equivalent to KRW 32,213,741 in total from September 1, 201 to October 24, 201.

2. The summary of the grounds for appeal is clear that the Defendant, in the event that the Defendant had already predicted the nonperformance and received oil by deceiving the victims as if it would be possible to conduct normal transactions, and thereby, acquired the oil by fraud.

In addition, the defendant's company was unable to pay wages to its employees properly because it is impossible to manage the company's debt amounting to 5.8 billion won.