The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal is that if the injured party pays 50% of the amount produced as down payment, the Defendant will complete the production by inserting the remaining money.

In light of the economic situation of the defendant at that time, if considering all the circumstances such as the fact that the defendant did not have the ability to complete the production of a camera, and that it is difficult to believe that the defendant paid the down payment received from the injured party to the producer, the defendant is deemed to have committed the crime of fraud.

Therefore, the judgment of the court below which acquitted the defendant.

2. Determination

A. The lower court’s judgment 1) determined as to the fraud against the victim G: (a) the Defendant received KRW 13.63 million from G as down payment; (b) agreed to receive an urban payment, which is the goods, on December 30, 2013; and (c) the Defendant, upon receiving the down payment, did not deliver the goods to the victim; (d) on the following grounds, it is difficult to recognize that there was an intentional act by deceiving G by deceiving the Defendant without the intention or ability to transfer the goods; and (c) on the following grounds, it is difficult to recognize that there was an intention to acquire the goods by deception by deceiving G

The decision was determined.

① In other words, the Defendant paid KRW 15 million to 13.63 million, which was paid by the injured party, to the representative director M&D Co., Ltd., M&N, and the N used the money for the production of the car group.

② As G was the same as not paying any balance, G had the Defendant cancelled the contract.

③ The amount paid to the Defendant was actually paid by both L (L 9 million won was paid directly to the Defendant, and the remaining KRW 4.63 million was paid on behalf of G for the repayment of the obligation owed to G). The Defendant confirmed that the contract with G was rescinded, and concluded a carbin sales contract again between G and L.

④ The Defendant separate from the instant contract, from October 2012, to July 2015.