The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal is that the Defendant did not provide that he would borrow money to the victim; the Defendant’s promise to give the victim an authorization construction work is already made after the transfer of all the KRW 82 million from G; it is difficult to deem that the Defendant who newly built the commercial building of this case with the total construction cost of 14.2 billion is to have attempted to acquire the borrowed money of KRW 1.4.2 billion; and in light of the fact that the Defendant received a request to return the borrowed money from G and the victim and paid all the borrowed money requested by the said G et al., the Defendant cannot be recognized to have acquired the money by deception.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

2. Determination

A. The summary of the facts charged in this case and the summary of the judgment of the court below are as follows: "The defendant is the representative director of D in Bupyeong-gu Incheon Metropolitan City, which is located in Bupyeong-gu. The defendant, around March 13, 2009, stated in D that "if the defendant lends the construction fund of the Incheon Metropolitan City C Commercial Building, he will give him the right of construction of the commercial building and will pay the borrowed money within one month." However, at the time of the construction of the above C Commercial Building, the defendant had already entered into the contract with F. of the above C Commercial Building on September 2007, because he had no intention or ability to pay the above interior construction work, because it was difficult to finance due to the default of payment at the time of the above commercial building construction, the defendant did not have any intention or ability to pay the money from the victim. Ultimately, the defendant, by deceiving the victim as above, and 3 million won and 5 million won and 5 million won and 5 million won and 5 million won and 5 million won and 2.5 million won and 5 million won, respectively.