The defendant's appeal is dismissed.

1. Although the summary of the grounds for appeal did not have borrowed KRW 20 million from the injured party, the court below found the Defendant guilty of this part of the facts charged. The court below erred in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, while operating the “C” company around June 2015, while serving together with D to serve as the office, and there is insufficient amount of KRW 20 million to purchase the freezing.

The vehicle will pay the money in full as it sells the gold-free vehicle.

The request was made by the D, and the D made it possible to borrow money from E by introducing it in the middle.

“The phrase “ was expressed.”

D On June 17, 2015, according to the above request by the defendant Eul, at the main point of "G" operated by the victim E located in the Busan Seo-gu F on June 17, 2015, the victim Eul is working for the defendant Eul to hold office in the present C Company operated by A.

The above company is a company returning to the freezing of a freezing tower, and A is about to die the freezing tower.

H. (E) If you lend this money, A will complete the sale of the vehicle.

was made.

“.....”

However, in fact, the Defendant borrowed money from the injured party to use the freezing tower for other purposes without purchasing it, and actually used it for other purposes, and there was no intention or ability to repay the money to the injured party by not paying the money to the injured party from the time of borrowing the money to the time when about one year and six months elapsed.

On June 19, 2015, the Defendant: (a) by deceiving the victim by using D as such; and (b) transferred KRW 20 million to the Busan Bank Account (Serial H) in the name of the Defendant on the pretext of borrowing money to purchase freezing on freezing 19, 2015.

Accordingly, the defendant acquired the victim's property by fraud.

B. The judgment of the court below is based on the evidence in its judgment and this part of the facts charged against the defendant.