The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (based on the factual error), the financial status of the defendant, the revenue structure of the D Hospital operated by the defendant, and whether the defendant paid wages to the employees of the above hospital, etc., the defendant can be acknowledged as the fact that the defendant acquired the goods, such as food materials, from the victim by fraud, although the defendant did not have the intent or ability to pay the price of supplied goods,

2. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power before and after the crime, the environment, the content of the crime, the process of performing transactions, etc., insofar as the Defendant does not make a confession (see, e.g., Supreme Court Decisions 97Do2630, Jan. 20, 198; 2004Do3515, Dec. 10, 2004). In relation to the transaction of goods, whether the crime of fraud by defraudation of transaction goods is established shall be determined by the determination of whether there was an intentional intent to acquire goods, etc. from the victim by making a false statement as at the time of transaction, even though the Defendant did not have an intent or ability to pay the price to the victim as at the time of transaction. Thus, it shall not be deemed that the payment of the price cannot be made

(2) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, even if the Defendant received food materials, etc. from the victim to the D Hospital operated jointly with G (hereinafter “instant hospital”) and failed to pay part of the supplied goods, such circumstance alone cannot be readily concluded that the Defendant had the criminal intent of defraudation, and there is no other evidence to acknowledge it.

When the defendant is supplied with food materials, etc. to the hospital of this case from the victim, 4 billion won is without any specific active property.