The defendant's appeal is dismissed.

1. The gist of the grounds for appeal was as follows: (a) the Defendant had the intent and ability to pay equipment usage fees; and (b) the Defendant did not have the intent to obtain pecuniary benefits from the victim, but the lower court convicted the Defendant

2. In light of the following circumstances revealed by the evidence duly adopted and examined in the lower court’s determination, the fact that the Defendant provided the victim with the locker and obtained pecuniary benefits equivalent to the user fee of the equipment without the intention or ability to pay the user fee of the equipment.

The lower court’s aforementioned determination is justifiable.

(1) The defendant was not a construction corporation with a large profit from the beginning at an investigative agency, and the construction cost of the construction was spent in excess of the initial expectation.

The Defendant stated that the Defendant was 9 leveled on June 2016, 201 (the investigation record 48-49 pages). In fact, on August 18, 2016, the Defendant loaned KRW 3 million to the lending company and used it for construction-related costs (the page 91 of the investigation record). The Defendant did not have any particular property at the time of the instant case, and the Defendant was in arrears with taxes exceeding KRW 100 million to the National Tax Service, and the credit rating as of June 2016 was 9 level (the investigation record 57 pages). (2) The Defendant thought at the investigative agency that the Defendant would receive construction payment from the victim on another spot, but

On March 3, 199, the Defendant’s appeal is without merit. Thus, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Rules on Criminal Procedure, but the part of the “through F, a partner,” which was first written in the column for criminal history of the lower court under Article 25(1) of the Rules on Criminal Procedure, shall be corrected to “ through I, a partner.”