The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal is that the defendant received money from the injured party, and the defendant did not have the intent or ability to pay the borrowed money from the injured party.

2. Determination

A. The lower court, although the Defendant did not have the intent or ability to repay, borrowed KRW 140 million from E.

Considering the lack of recognition, not guilty of the facts charged of this case was pronounced.

B. In full view of the following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined evidence, the Defendant borrowed the above money from the victim rather than receiving KRW 140 million according to the said business agreement with the victim, and the Defendant did not have the ability or intent to repay the borrowed money to the victim.

The judgment of the court below acquitted the charged facts of this case.

The prosecutor's assertion of mistake is justified.

① The victim consistently stated that “The Defendant did not enter into a partnership agreement on the instant house owned by the electric source (hereinafter “the instant electric source house”) with the Defendant, and the Defendant loaned KRW 140 million to the victim in the course of running a construction business from the Defendant, thereby paying the said money to C designated by the Defendant. The Defendant, after completing the instant electric source house construction, attempted to repay the borrowed money by selling the said house after the completion of the instant electric source house construction.”

② On May 4, 2018, the self-consumption lending contract states that “a victim lends KRW 175 million to the Defendant on December 31, 2016, and make repayment by June 30, 2018,” and the Defendant India’s investigative agency stated that “a victim has made payment to C shall borrow KRW 140 million from the injured party.”

③ The Defendant and the victim sell the instant house, and how they receive or incur profits or losses therefrom.