The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Comprehensively taking account of the evidence submitted by the prosecutor, such as the summary of the grounds for appeal (the fact-finding) the victim’s statement, etc., the court below found the defendant guilty of 200 million won by deceiving the victim as stated in the facts charged in the instant case. However, the court below erred by misapprehending the legal principles

2. Determination on the grounds for appeal

A. On November 1, 2011, the Defendant: (a) called the victim B by telephone at a Haman’s place; and (b) concluded that “I will pay interest at 2% per month if I borrowed money due to the shortage of money; and (c) sell officetels and pay money after six months; and (d) I will borrow KRW 00 million in cash from the victim’s dental clinic located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon; (b) I will borrow KRW 2% per month; (c) 3% per month; and (d) the repayment period will be six months; and (d) I will immediately repay the principal and interest at the time of arrears on two occasions or more.”

However, on January 12, 2011, the Defendant only purchased officetels 2, and the remaining payment date of the said officetel was around 2014. Since around 2006, the Defendant operated the credit business with investments from others and paid interest at a high interest rate to other investors with the said investment deposit, the Defendant had no intent or ability to pay the said premium even if he/she borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim on December 1, 201 to the passbook (Account Number: E) in the name of the Defendant’s bank.

B. The lower court determined as follows: (a) the instant case.