The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant entered into the instant construction contract, which led to the aggravation of the management of the Company F, and thus, the Defendant did not pay the construction price to the victim; and (b) the Defendant did not have the intent to acquire by fraud at the time of the instant case; (c)

2. Judgment on the grounds for appeal by the defendant

A. The instant facts charged in the instant case “The Defendant shall pay the construction cost to the victim D by April 20, 2017, which is one month after the date of the completion of the construction of the interior interior decoration of the G store in the net thousand, in the F office operated by the Defendant in Seongdong-gu, Seoul, in February 2017.

“A false statement was made to the effect that it was “.”

However, the Defendant had a debt worth KRW 1.1 billion at the time of the Defendant’s transaction partner H and I, and was expected to have a maturity of KRW 2.3 billion from May 2017 to November 2017, but there was no extension of the loan period or repayment plan at all. The Defendant did not have an intent or ability to pay the loan even if the victim completes the interior work due to poor financial conditions, such as overdue payment of the payment to the employees of the said company.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to perform interior decoration works equivalent to KRW 46,90,000 from March 2, 2017 to March 2, 2017; and (c) did not pay the price to the victim; and (d) acquired pecuniary benefits equivalent to the said amount.

[....]

B. The lower court determined as follows: (a) the Defendant filed a petition for bankruptcy after four months from the date of the construction work; and (b) the Defendant himself was expected to have the maturity of the loan equivalent to KRW 2.3 billion from May 201 to November 2017; (c) but did not have sufficient means to extend the loan period or to redeem the loan; (d) the fact that the sales continued to decline at the time; and (e) the amount of benefits to the employees at the time.