The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant purchased trawbling machinery with the money received from the injured party, and the sales store was prepared, but the victimized party failed to operate the store because he/she failed to save the sales staff.

Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case without deceiving the victim or deceiving the money is erroneous, which affected the conclusion of the judgment.

2. Determination

A. Around March 201, the Defendant made a false statement to the victim that “Around March 2011, the Defendant would allow B to purchase 20 million won machinery from the head of Na to operate her her her her her her her her her her her her her her her her her her her shes.”

However, in fact, the defendant received 20 million won from the injured party, and thought to use it for living expenses and personal business expenses, but did not have the intent or ability to purchase the brupt machinery from the injured party or to operate the brupter.

As above, the Defendant, by deceiving the victim, received the remittance of KRW 20 million on April 11, 201.

B. The lower court also asserted the grounds for appeal and the same purport, and the lower court determined that ① purchased 20 million won or more from the injured party, or stated the victim as “the Defendant” on the 2th page 15 of the lower judgment, but it is obvious that the Defendant is a clerical error.

However, according to the evidence adopted and examined by the court below, the defendant is allowed to open a permanent store at any time in a local bar, to secure the income of KRW 500,000 per month, and if it is not well operated, it will be allowed to do so even a university professor.

In fact, the Defendant received 20 million won from the injured party.