The defendant's appeal is dismissed.

In other words, misunderstanding the facts of the reasons for appeal and misunderstanding the legal principles, the defendant did not deceiving the victim without the intention of repayment and ability to pay, thereby deceiving the victim in sum 500 million won as the borrowed money and the

Specifically, ① The president of the D Medical Foundation (hereinafter “D Medical Foundation”), who is the president of the D Medical Corporation, and operated E Hospital, concluded a contract to exclusively receive medicine for a period of H and two years around June 2013 with H, and the Defendant secured the normal supply of the medicine from the hospital, that is, the deposit amount of KRW 300 million, and the pharmaceutical company received from the hospital as a fund to return the medicine to the pharmaceutical company if the transaction was suspended for the exclusive supply of the medicine. The amount of KRW 80 million around September 2013, which is the advance payment for rebates, would be received from the pharmaceutical company as rebates if the medicine was used for a large amount of medicine at the hospital, but received as a fund to deduct the amount of rebates accrued in the course of the transaction by receiving advance payment.

However, on May 1, 2014, the Defendant received a medicine on more favorable terms from the victim of the drug wholesale on a more favorable condition. On June 13, 2014, the Defendant received KRW 200 million (hereinafter “first money”) higher than H with the advance payment of rebates: Provided, That during the grace period for the completion of the transaction with H, the Defendant paid KRW 2 million as interest to the victim, and received KRW 300 million as the trading deposit of medicine on August 29, 2014 (hereinafter “second money”).

② In addition, the victim received the list of the use of medicine in the E hospital for three months from the Defendant, and confirmed the overall operational status of the hospital. At the time of the Defendant’s receipt of the first and second funds, there were no special problems in the financial status of the D Medical Foundation, such as the sudden increase of the enemy at the time of the Defendant’s receipt of the first and second funds. However, the victim was well aware of the existing situation, and the victim was also aware of such situation, and the D Medical Foundation applied for rehabilitation on September 16, 2014.