The prosecutor's appeal is dismissed.

1. Progress of litigation;

A. The lower court acquitted the Defendant on the ground that the Defendant did not have any criminal intent to obtain deception.

B. The prosecutor appealed against the judgment of the court below, and the appellate court prior to the return of the case accepted the prosecutor’s appeal and reversed the judgment below and sentenced the defendant to four months.

(c)

The Defendant appealed against the judgment of the court of first instance before remand, and the Supreme Court reversed the judgment of the court before remand and remanded the case to this court.

2. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, there is a criminal intent to acquire the defendant by deceit.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

3. Summary and judgment of the facts charged

A. The summary of the facts charged is that the Defendant, as the operator of the E Co., Ltd. (hereinafter “E”) and the F Co., Ltd. (hereinafter “F”), received steel materials on August 2013, by deceiving the victim Co., Ltd. G (hereinafter “victim”) business employees H that “if the steel materials are supplied to E and F on credit, it would pay the price without paying it by the end of September 2013,” and by deceiving the victimized Co., Ltd. to “if the materials are supplied to E and F on credit, it would pay the price without paying it by the end of September 13, 2013.” From August 13, 2013 to August 27, 2013, the Defendant acquired from the victimized Co., Ltd. the total amount of KRW 46,86,593gs of steel materials of KRW 14,640,640.2k.

B. In full view of the circumstances stated in its reasoning, the lower court determined that the Defendant did not have the intent or ability to pay the price even if the Defendant received raw materials from the victimized company at the time of the said raw materials transaction.

The defendant was acquitted on the ground that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

(c)

(1) In the course of a transaction conducted in the course of the implementation of the project, if there is a problem of fraud with respect to the corporate manager, because the default is predicted, it is the point of time of the transaction.