The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged in this case, even if the Defendant borrowed KRW 70 million from F, and the Defendant had no intent or ability to repay at the time of the next use.

2. Determination

A. The summary of the facts charged is that the Defendant was the representative director of the construction business chain B (hereinafter “B”) specialized in apartment construction facilities and fire fighting facilities, and B was subcontracted by C Co., Ltd. (hereinafter “C”) with a contract for construction of facilities and fire fighting facilities in the construction site at the Dobcheon-si D Corporation (hereinafter “C”) in the amount of KRW 3.950 million and carried out the subcontracted construction work in the instant case (hereinafter “the subcontracted construction work”).

On November 26, 2016, the Defendant: (a) at the B office located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) on November 26, 2016, the complainant, who supplied pumps B, “The apartment construction of the size of KRW 4 billion from Dong ducheon to 4 billion was carried out; and (c) on February 30, 2017, the Defendant borrowed 70,000 won due to the shortage of construction cost.

“The purport was to the effect that “.....”

However, in fact, even if the Defendant did not pay 38 materials suppliers at the above construction site at Dongducheon-si, it reached KRW 1.9 billion, and even if the bonds issued with demand for repayment came to have been paid 300 million, it was preferentially used by C for the supply price and the repayment of bonds by the above companies, so even if the Defendant borrowed the money from the complainant, it did not have the intent or ability to pay it by the due date.

The defendant deceivings the complainant as above, and he acquired 70 million won from the complainant to G account in the name of B on November 29, 2016.

B. Specific determination 1) The lower court’s determination is based on the evidence submitted by the prosecutor, based on various circumstances as indicated in its reasoning.