The prosecutor's appeal is dismissed.

1. In full view of the fact that the defendant presented documents on the lease status of the building owned by the defendant to the victim and distorted monthly revenue, etc., and the defendant immediately reported the loss after the head of the passbook that received deposit money from the victim was issued, the court below found the defendant not guilty, even though the charge was found to have been committed by deceiving the victim even though the defendant did not have the ability to repay or intent to repay, is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment.

2. On April 15, 201, the summary of the facts charged is as follows: “The interest on agricultural loans, electricity taxes, capital, and interest on debentures have been overduely paid to the victim C. The monthly rent from the six-story buildings located in the mine district in Gwangju-si, Gwangju-si, which is currently owned by the Defendant, shall be KRW 9.87 million, and electricity taxes and water taxes have been separately received from the tenants, and the profits from the satisfaction house operated by the tenants, other than the above rent, have been paid in lieu of the interest, electricity taxes, etc., the Defendant would make the payment of the interest on the agricultural loans to ensure that the building does not go beyond the auction and would be paid by the sales of the building. If the head of the Tong who received rent from the tenants is unable to pay the interest, it would be reasonable to pay the interest on the rent to the tenant.

However, the defendant's profit was not only the rent of the building equivalent to KRW 7.8 million per month, and the interest on agricultural loans, card companies loans, interest on bonds, building management fees, etc. that the defendant should pay every month exceeds the above rent, and even if the victim pays overdue interest, it is also appropriate for the future agricultural bank interest.