The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal (the factual error) does not mean that the Defendant would use and repay the money to the victim only for six months, and as in the previous case, the Defendant would borrow money without repayment date, and borrowed KRW 17 million from the victim, and thereafter, the Defendant did not repay the money in lump sum with wind aggravated, but did not have any intent and ability to repay the money from the time of borrowing.

2. Determination

A. On January 201, the Defendant made a false statement to the effect that “The Defendant is entitled to receive money from the victim B by telephone at a place near the police station, and due to the relationship with which an auction was carried out.” On the other hand, the Defendant would use money only for six months and complete payment.”

However, at the time, the Defendant was punished by KRW 80,000 per month and received KRW 250,000 per month as pension, and there was no other income. The real estate owned by the Defendant was provisionally seized by other creditors, medical insurance fees were seized by the National Health Insurance Corporation due to delinquency in the payment of the medical insurance fees, and there was no other intent or ability to repay the loan even if it was borrowed money from others.

On March 14, 2011, the Defendant received a total of KRW 17 million from the Defendant’s agricultural bank account on two occasions as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence indicated in its judgment.

C. (1) The facts charged in the instant case are as follows: (a) the Defendant’s average monthly 80,000 won as the date of repair of the text, and there was no particular income other than receiving KRW 250,000 per month as a pension; (b) the real estate owned by the Defendant is provisionally seized by other creditors; and