The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) is difficult to find out the circumstances of the company run by the Defendant, such as C, etc. at the time of receiving the instant oil, and there was no personal debt, and even if the price for the disposal of the instant oil accrued after supplying the oil, there was no intention to pay the oil price from the beginning, in view of the

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case has erred by misapprehending the facts and legal principles.

2. Determination

A. The summary of the facts charged against the Defendant is as follows: “Around October 19, 2016, the Defendant had to pay KRW 100 million for repair costs due to the collision with the breakwater, and the Defendant was unable to pay the employees the amount of KRW 400 million for personal loans at the time, and even if the amount of debt guarantee was supplied with oil from the victimized Company due to economic difficulties, such as the excess of KRW 300 million, even if the Defendant was unable to pay the oil by the end of the next month (on November 30, 2016), it was difficult for the Defendant to operate the “company” to pay the entire amount to the Director of D (hereinafter “D”) Co., Ltd., Ltd. (hereinafter referred to as “C”) in cash by the end of the next month.

“The meaning of “” refers to the following: (a) from February 14, 2017 to February 14, 2017, including the supply of an amount equivalent to KRW 6,79,639 of oil 70 drums, including miter A, to G, the Defendant, and H’s private operation, such as the list of crimes.