The prosecutor's appeal is dismissed.

1. In light of the following circumstances, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts.

It is true that there were some defects in the original body supplied by the victim.

However, even after the defendant received the amount calculated by deducting the amount equivalent to the defect existing in the original part from C (hereinafter referred to as “C”) from the Co., Ltd. (hereinafter referred to as “B”), the defendant did not pay the original amount to the victim.

This shows that the defendant did not intend to pay the original amount.

B. The Defendant continued to engage in continuous transactions with the victim, and used a typical fraud method that does not pay the remainder of the transaction even after receiving the goods from the victim after having trusted the victim by paying the initial transaction amount.

C. At the time of entering into a contract with the victim, the Defendant had already been liable for approximately KRW 260 million to H (hereinafter “H”) and was de facto given up business around August 2018. The Defendant was also retired from office on October 2018.

Therefore, the defendant did not have the ability to pay the original amount to the victim.

2. In full view of the circumstances acknowledged by the evidence duly adopted and examined, the lower court determined that the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant had a criminal intent to commit fraud at the time of the order or delivery of the original group, and that there is insufficient evidence to acknowledge this.

The defendant paid almost the amount for the initial part of the original part of the unit, but it was necessary to settle the damage caused by the defect with the victim, and the defendant was economically difficult at the time of concluding the original part of the unit supply contract with the victim. However, it is recognized that the original part of the unit can be paid to the victim by C when it is supplied with the original part of the unit.