The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the defendant had the criminal intent to acquire by deception because he/she had no intent or ability to repay the price when he/she was supplied with the household product from the victim. However, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in matters of law

2. Summary of the facts charged in this case and the judgment of the court below

A. From the end of September 2009, the Defendant: (a) operated a design private teaching institute with the trade name D from the 8th floor of the Busan High-gu Busan High-gu C building (hereinafter “instant private teaching institute”); and (b) the victim E runs a wholesale and retail business with the trade name F Co., Ltd., the victim E is a person who runs a wholesale and retail business with the trade name of F.

From the end of September 2009, the Defendant made a false statement to the victim that “The Defendant would pay the price without molding until November 11, 200 if he delivered home appliances on credit necessary for the operation of a private teaching institute.”

However, even if the household goods are supplied on credit, there was no intention or ability to pay the price of the goods to the victim.

On September 26, 2009, the Defendant, by deceiving the victim, ordered an amount equivalent to KRW 6:34,000 from the wire telephone operator on September 26, 2009, and obtained pecuniary benefits equivalent to the same amount by failing to pay the price, as shown in the list of crimes in the attached Table of Crimes (hereinafter referred to as “date in the following time”) (not on January 28, 2010, but on October 22, 2009, not on October 22, 2009), including the list of crimes in the attached Table of Crimes (hereinafter referred to as “date in the following period”).

B. On October 25, 201, the lower court determined that the Defendant paid part of the price of supplied goods, which was the first day before the prosecution, and had not been paid until before the transfer. At the time of the delivery of the instant home appliances, the amount of KRW 100 million from KRW 70 million to KRW 100 million.