The judgment of the court below is reversed.

The defendant shall be innocent.

(2) On August 19, 2017, the victim sent text messages to the F station operated by the victim with an amount of money in the name of the oil payment from the victim as if the victim could supply it to the F station, and then used it to pay the D station fuel payment, and on August 3, 2017, the victim sent text messages to the victim “on payment of the oil amount, to supply gasoline at 30 won per liter.” On August 19, 2017, the victim sent text messages to the victim, “I would supply oil supplied from S T station to the F station first,” and “I would supply 00 won, 10 won, 200 won, 10 won, 10 won, 20 days, 10 days, 20 days, 10 days, 20 days, 20 days, 20 days, 20 days, 20 days, 20 days, 10 days, 60 days, 20 days,”

However, there was no fact that the Defendant had secured the volume of oil supplied by the R&A to be supplied to the victim. At that time, the said L&A Co., Ltd had owned the above D Co., Ltd’s land, but there was no collateral value due to the establishment of a collateral security right that bears a debt equivalent to the above value on the said land. Around 7.4 billion won, the said D Co., Ltd paid interest of about KRW 28 million per month under the status of bearing a debt of KRW 7.4 billion, and the said D Co., Ltd had recorded a considerable amount of sales every month, but the amount of the credit sales was approximately KRW 200-50 million per month, but the amount of the cash sales was 80 million unpaid, and at the time, the said D Co., Ltd paid taxes of KRW 80 million.