The prosecutor's appeal is dismissed.

1. Summary of the facts charged in this case

A. On April 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall pay the construction price as completed by the structural construction work of the electric power plant of this case to the victim D (hereinafter “victim”) (hereinafter “the instant electric power plant of this case”) (hereinafter “the instant construction”) who is a subcontractor at the C coffee shop located in Chungcheongnam-gun B, Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and purchased KRW 900,00,00 and constructed electric power plant units (hereinafter “the instant electric power plant”).

“False speech was made to the effect that it was “.”

However, in fact, the Defendant purchased the above land in KRW 130,000,000, and at the time, there was a very poor financial situation, such as having an individual obligation of at least 200,000,000 won without any specific import in bad credit, and failed to prepare an alternative to resolve the issue of the payment of the above construction cost. Therefore, even if the victim completed the structural construction of the instant electric power plant, the Defendant did not have any intent or ability to pay

Nevertheless, the Defendant deceiving the victim as above and caused the victim to continue the instant construction work from April 26, 2016 to August 2017, and did not pay a total of KRW 1,132,047,274 to the victim, thereby acquiring property benefits equivalent to the same amount.

B. On March 5, 2016, the Defendant’s fraud changed to the victim’s “in a prompt need to pay money, 5,000,000 won to the victim,” within a prompt period of time.

“False speech was made to the effect that it was “.”

However, the defendant did not have any intention or ability to pay the principal in the future because there was a very bad economic situation such as there was a personal debt worth of 200,000,000 won without any particular income in the state of bad credit at the time.

Nevertheless, the defendant deceivings the victim as above and borrowed money from the victim on the same day.