The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the grounds for appeal is the victim I concluded the instant construction contract with the knowledge of the fact that E company will receive a loan from the Small and Medium Business Corporation and pay the construction cost.

The Defendant, while raising the purchase fund of 3,947 square meters of J factory site in Daegu-gun, was the representative director of E Co., Ltd. with B’s proposal, but actually dealt with the construction work of a factory including the selection of a factory construction businessman and the conclusion of the instant construction contract, etc., and there was no fact that

After the commencement of construction, B borrowed money from bond companies, including N and K, to set up a collateral on the land for the instant land without consultation with the Defendant, and the land for the instant land was sold by private funds and the project was suspended and the loan was not received because B unilaterally used the borrowed money and did not repay it.

In collusion with B, the defendant did not deceiving I, and there was no intention to commit a crime by deceiving the construction cost from I.

The judgment of the court below which convicted the defendant of the facts charged is erroneous.

2. Determination

A. The summary of the facts charged is the representative director of E Co., Ltd., the purpose of which is to manufacture and sell semiconductor exploitation films, and B, a business director.

On November 19, 2010, the Defendant stated with B that “If construction work price is newly built in KRW 2,314,987,40,00,000 for the factory site in the Daegu-gun District CourtJ (hereinafter “instant factory site”) was paid to the victim I (54 years old), who is the operator of the said G, in the office of G Co., Ltd. (former H Co., Ltd.) located in f804, Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant would pay the construction price according to the nature of the construction price.”

However, at the time, the Defendant and B lent 860,000,000 won without equity capital to purchase the above factory site, and 6,000,000 won per month for the above borrowed land.