The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the reasons for appeal, the fact that the defendant obtained the victim and acquired the victim by fraudulentation is also sufficiently recognized.

Even so, the lower court rendered a judgment of innocence against the Defendant by misunderstanding the facts.

2. Determination 1) The lower court acquitted the Defendant of the instant facts charged on the grounds stated in its reasoning.

2) In light of the following circumstances revealed through the evidence duly adopted and investigated by the lower court in light of the circumstances revealed by the lower court’s judgment, it is difficult to recognize the Defendant’s intentional defraudation.

The judgment of the court below is justified.

① From April 2016, the Defendant served in a delivery agency with the trade name “D” operated by the injured party. On September 2016, the Defendant purchased the victim’s 4,050,000 won.

The victim had at the investigative agency the money of KRW 50,00,00 in the city office where the defendant had to carry in the delivery because of the absence of money.

The victim made a statement (the nine pages of the investigation record). Therefore, the victim seems to have known well the fact that the economic situation of the defendant is not good at the time of sale of the Obane.

② At the time of sale of the above Oral land, the Defendant actively committed deception against the victim with the ability to repay or intent to repay.

There is no evidence to see.

On September 2016, the Defendant was liable for the total amount of KRW 3.4 million, including the penalty and the liability for communications charges, but on the date of delivery, and on the date of payment of the installments, so the Defendant was unable to pay the amount to the Defendant.

It is difficult to readily conclude.

③ From September 7, 2016 to November 22, 2016, the Defendant served at a delivery agency for the operation of the victim, and repaid KRW 15,245,000 per day out of the total amount to be paid (15-16 pages of investigation records). Accordingly, the Defendant intent to pay the amount from the beginning.