The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. According to relevant evidence such as the statement of the victims on the grounds of appeal (misunderstanding of the facts), the defendant is recognized as having no intention or ability to repay the money from the victims from the time of borrowing the money.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misapprehending the facts.

2. Determination

A. The summary of the facts charged is that the Defendant is unable to receive the compensation from LH Corporation due to the damage F, G, H, I, and J at the E judicial scrivener office in front of D located in Yongsan-gu, Yongsan-gu, Busan-si around June 21, 2013, for the purpose of cancelling the above provisional seizure, the Defendant borrowed the deposit in order to cancel the provisional seizure. If the provisional seizure is cancelled upon the revocation of the provisional seizure, the Defendant would immediately refund the deposit after receiving the land compensation.

“A false representation was made.”

However, even if the Defendant, after the provisional attachment was cancelled by borrowing money from the victims, he thought that he would use the money as repayment of his other obligations and living expenses, etc., and the Defendant did not have any intention or ability to repay the compensation borrowed to the victims because there was no particular property or income, other than the above land compensation.

Nevertheless, the Defendant: (a) by deceiving the victims as above, received the transfer of KRW 1,629,00 (the victim F, the victim G 3,110,000 won; KRW 3,120,000; KRW 3,200,000; KRW 3,200,000; KRW 3,750,000 from the victim; and (b) obtained the personal check (the victim F, the victim G, the victim H; KRW 65,640,000; KRW 78,780,000) around July 3, 2013; and (c) obtained the personal check (the victim F, the victim H, the victim H; KRW 65,640,00; KRW 7630,00,00 from the victim J. 78,780,00).

B. The lower court’s determination is based on the following circumstances.