The prosecutor's appeal is dismissed.

1. The summary of the facts charged is a person who actually runs a stock company C (hereinafter “C”) and D (hereinafter “D”) and the said company has the same address as its principal office.

A. On August 1, 2014, the victim E-related criminal defendant received a total of KRW 176,501,900 from the production amount of online community development project, etc. related to G related to the joint venture program, among the Korea-China Building 317 of Incheon Gyeyang-gu, where the victim E intended to promote D, and D completed a service contract, such as construction of a website around November 2014, where the victim claimed 50% of the mobile app and web site development deposit, accompanied by relevant evidentiary documents, within 15 days, and the balance was paid within 15 days after confirming the performance of the contract (hereinafter “instant contract”).

However, there was no money held at the time when the defendant borrowed the above company's incorporation capital from H, which was 3 million won in each of the above 3 million capital, and the above company did not pay office rent due to the absence of the above capital. Since the business plan, which was seeking to receive the above program from outside scam, was not capable of seeking the scambling, even if the defendant entered into the above contract with the victim but did not have the intent or ability to pay the price, the defendant acquired profits equivalent to the production amount by deceiving the victim and failing to pay the price to the victim who performed the contract.

B. On September 15, 2014, the Defendant related to the Victim Korea Technology Finance Corporation was using the sales performance of KRW 1130,000,000 as of September 15, 2014 at the point of Incheon, Yeonsu-gu, Incheon, Incheon, Korea Technology Finance Corporation’s branch of the Victim Korea Technology Finance Corporation located in 323 Songdo 10,000,000,000,000 won, and C will proceed with the said G program.