The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant’s 381 million won (hereinafter “the instant money”) that the Defendant received from the injured party shall be given out of the borrowed money, and even if the amount of investment is not of the borrowed money, it shall be paid within three months. In light of the Defendant’s financial situation and the progress of the PF lending, it can be sufficiently recognized that the Defendant did not have the ability or intent to pay the instant money.

Nevertheless, the court below appears to have committed the crime of deception and deception against the defendant even if the funds in this case are not borrowed money, and even if borrowed money, there was a criminal intent to commit deception and deception.

On the ground that it is difficult to see that the facts charged in this case were acquitted, and the judgment of the court below is erroneous in misconception of facts against the rules of evidence and affecting the conclusion of the judgment.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal. The part of the facts charged that the prosecutor would necessarily repay until the end of May 2008 out of the charges to the end of May 2008 is the "PF loan", and the defendant thought that the defendant would have paid the money borrowed from the damaged party through the project financing, but the defendant did not clearly have any intention to participate in the project financing process at the time of the project financing process. However, the defendant thought that the defendant would have paid the money borrowed from the damaged party through the fund financing of the construction project at the time. However, in order to obtain a new PF loan because the PF loan of the construction project at the time was nonexistent, it was difficult to obtain the PF loan within the agreed period due to the need for land security, feasibility review, and consultation on new feasibility review, etc., and the change was made to each of the terms of "the PF loan".