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. Summary of grounds for appeal;

A. The JJ Co., Ltd. (hereinafter “J”) had a construction right related to the instant electric power resource construction through an agreement with G, and the Defendant succeeded to the said construction right from J.

Therefore, the Defendant did not deceiving the victim because he had the right to construct the instant electric power plant.

It was a situation that the defendant could not exercise the authority related to the right of construction due to the termination of the contract between Gu and J.

Even if the defendant did not know it, he has authority to do so.

Since it is believed that the defendant is not guilty of fraud, it is not recognized.

B. Sentencing is unfair because it is too unreasonable that the sentence imposed by the lower court (an amount of five million won) against the Defendant, which was sentenced by the lower court.

2. Determination

A. A. Around August 3, 2013, the Defendant entered into a contract with E, a director of the Victim D Co., Ltd. (hereinafter “D”) at the electric source housing construction site office located in Gwangju-si, Gwangju-si, to enable the Defendant to carry out retaining wall works and civil engineering works at the site of the electric source housing construction site.

“.....”

However, the defendant did not have the right to pay retaining walls and civil engineering works at the above construction site to the victim.

Around August 9, 2013, the Defendant, by deceiving the Defendant as such, received KRW 50 million from E to the national bank account in the name of the Defendant F from E, and acquired it by fraud.

B. On the grounds indicated in its reasoning, the lower court determined that: (a) the Defendant would return to E 40 days after 40 days after the completion of the work agreement between J and G was infinite; and (b) borrowing KRW 50 million constitutes deception; and (c) the Defendant was guilty of the facts charged in the instant case.

(c)

The judgment of the court below based on the evidence duly adopted and examined by the court below.