The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the legitimate evidence revealed in the instant case, the court below erred by misapprehending the fact that it was sufficient to find the Defendant guilty of each of the facts charged in this case since it was sufficient to acknowledge the Defendant’s intention or ability to repay the price from the victim at the time of purchasing the material.

Judgment

The court below held that ① the Defendant had a debt amounting to KRW 12 million from a financial institution at the time of receiving the Defendant’s water from the victim; ③ the Defendant owned approximately KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and 1,000,000,000,00 won, and 2,000,00,000,000,00 won, and 1,000,00,00 won, after being hospitalized by the victim, the Defendant did not receive the said water from the hospital after being hospitalized.

The Defendant, as a former culture business operator, is irrelevant to the sales business of the goods and who became aware of the excellence of the goods of the victim through the Defendant, is deemed to have purchased the goods by directly contact with the victim, and thus it is difficult to believe that the Defendant promised to sell the goods of the victim. ⑤ The transaction account book and the loan certificate submitted by the victim are prepared by the victim.