The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant is not guilty of the crime of defraudation merely because he/she fully repaid part of the amount of damage after he/she acquired money from the victim Daeyang Petroleum Co., Ltd. (hereinafter "victim Co., Ltd."), and there is no need to further interpret the criminal intent of defraudation in the continuous transactional relationship, and in light of the financial status of the defendant at the time, he/she can fully recognize the intention of defraudation in light of his/her debts, fixed costs and revenues, but the judgment below which acquitted

2. The summary of the facts charged is the person who operated a gas station in Yangsan City D from around 2007 to March 2014.

On January 23, 2014, the Defendant made a false statement that “If he supplies petroleum, he would pay the price within the month of the supply thereof.”

However, the Defendant had a financial obligation of approximately KRW 400,000,000 per month due to the repayment of interest and principal and interest, and even thereafter, the deficit of the gas station was accumulated, and around January 2014, the amount of KRW 580,000,000 was increased due to the increase in the debt of the financial institution, credit card payment, etc. In addition, the amount of the personal debt was KRW 430,000,000,000,000 in total, and the amount was KRW 22,00,000,000,000 per month due to the cost of the gas station operation, living expenses, interest, etc., and there was no intention or ability to pay for the petroleum products from the victim company even if there was no specific revenue or property.

As above, the Defendant, by deceiving the victim company and doing so from the victim, shall be charged with gasoline and low sulfur transit equivalent to KRW 67,473,408 on the same day at the above E stations.

2. Ordinary gasoline and low sulfur transit equivalent to 78,015,468 won around 14.