The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant entered into a contract with the victim-victim Co., Ltd. Co., Ltd. (hereinafter “victim Co., Ltd.”) concerning the steel-frame Corporation (hereinafter “the instant construction”) among the new construction works of the instant factory, and the payment date of the construction cost shall be determined as “within ten days after the completion of the steel-frame Corporation.”

However, the Defendant was issued a guarantee certificate of the Korea Technology Finance Corporation necessary for the loan of funds to support small and medium enterprises start-up businesses, when two months have elapsed since the completion of the instant construction, and the issuance of a guarantee certificate does not mean the approval of the loan.

Therefore, the defendant did not have the intention or ability to pay the construction cost in lump sum within 10 days from the completion date of the instant construction work.

2. Judgment on the grounds for appeal

A. The lower court’s judgment: (a) the Defendant did not directly make the instant statement to E of the Victim Company as indicated in the instant facts charged; (b) the Defendant entered into a contract with E of the Victim Company on behalf of the Defendant for the instant construction (hereinafter “instant contract”); (c) the Defendant made the instant statement to E of the Victim Company at the time of the instant contract; and (d) the Defendant only stated F as “F within 10 days after the completion of the instant construction; (5) the Defendant and F believed that it would have been able to receive the instant construction fund loan and pay the instant construction fund in the name of the Korean Technology Finance Corporation before and after the instant contract; and (5) the Defendant applied for a small and medium enterprise establishment loan to the Korean Technology Finance Corporation in the name of the Korea Technology Finance Corporation, and received the payment from the Korea Technology Finance Corporation for the instant construction fund from the Korea Technology Finance Corporation to the Korea Technology Finance Corporation.