The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant, an existing business operator H, entered into a contract for the creation of a general industrial complex with the FF won in Yangyang-si, and thus, the Defendant had the capacity to subcontract the above construction of a retaining wall with the victim, and a significant portion of the PF loan was significantly advanced, so the Defendant had the intent and ability to repay the borrowed money to the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. The lower court determined as follows based on the evidence duly adopted and examined by the lower court, namely, ① the transfer of business rights and the contract for the transfer of the corporation, which the Defendant entered into on December 1, 2014, is KRW 5.1 billion, and the early payment of KRW 2 billion should be paid within 60 days from the date of conclusion of the contract (Evidence No. 41 of the evidence record), ② there was no ability to pay the advance payment to the Defendant even by the Defendant’s statement (Evidence No. 60 of the evidence record), ② on February 16, 2015, on which the Defendant received money from the injured party for the purpose of borrowing money from the injured party, it was apparent that the Defendant was unable to pay the advance payment, ③ the Defendant was seeking to pay the said money by obtaining a PF loan from the bank.

The assertion also states that there was no progress in addition to the sampling of the contract (Evidence No. 204 of the evidence record), ④ HU L (Evidence No. 160, 161 of the evidence record), V Company K (Evidence No. 157, 158, 163 of the evidence record), V Company M (Evidence No. 164, 165 of the evidence record) all stated to the effect that there was no negotiation of contract on the lending of PF funds between the Defendant and the above Corporation, and ⑤ Money from the Defendant was consumed for personal purposes, such as the monthly overdue payment (Evidence No. 160, 161 of the evidence record) (Evidence No. 157, 163 of the evidence record).