The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the circumstance that the Defendant had no intent or ability to pay the cost at the time of receiving equipment from the victim, such as the Defendant’s failure to pay the cost, even if the Defendant had suffered financial difficulties prior to his/her transaction with the victim, and was fully paid the cost of construction by the original contractor with a large amount of obligation.

The court below found the defendant not guilty of the facts charged of this case on the ground that it is difficult to readily conclude that the defendant has a criminal intent to acquire fraud, or erred by misapprehending the legal principles.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing the transaction before and after the crime, insofar as the Defendant does not make a confession. In the goods transaction relationship, the establishment of the crime of fraud by defraudation shall be determined by whether the victim had the intent or ability to pay the price of supplied goods to the victim even though the Defendant did not have the intent or ability to pay the price

(2) In light of the legal principles as seen earlier, the lower court did not err by misapprehending the legal principles as to the crime of deception, or by misapprehending the legal principles as to the crime of deception. In so doing, the lower court did not err by misapprehending the legal principles as to the crime of deception, or by misapprehending the legal principles as to the crime of deception.

(See Supreme Court Decision 85Do1498 delivered on September 24, 1985, etc.). B.

Comprehensively taking account of the evidence duly admitted and examined by the court below, the following facts or circumstances are revealed.

1) The Defendant entered into a contract with the victim on April 201 to be provided with equipment, such as Pokes, necessary for the work with the victim, while he/she was performing the civil engineering work in G by a contract with the State F after being awarded a contract with the State F.

With respect to user fees, the victim.