The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant, at the time of receiving food materials from the victims, was in arrears with interest accrued from the end of August 2013 when the Defendant had been liable for a loan exceeding KRW 50,000,000,00 for the principal amount, and was in arrears with value added tax, and was in failure to pay monthly pay to the employees, the Defendant was in a state of requesting the return of the lease deposit to the International University around September 2013, when it was decided to close the K which was operated by the Defendant.

Therefore, at the time of the delivery of food materials from the victims, the Defendant should be deemed to have no intention or ability to pay the cost.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that the defendant had no intention to commit the crime by deception is erroneous or erroneous in the misapprehension of legal principles.

2. The summary of the facts charged is the representative director of K in which the I UniversityJ operated a student restaurant.

On March 2013, the Defendant stated that the Defendant would normally pay food materials at the student restaurant office in Mapo-gu Seoul National University, which is operated by the Defendant, that the Defendant would receive food materials from the Victim C and would normally pay the food materials.

However, in fact, since the Defendant had reduced the sales of the restaurant operated by the Defendant from around 2011 to bear approximately KRW 500 million, the Defendant did not have any intention or ability to pay the proceeds properly even if he received food materials from the victim.

The Defendant, by deceiving the victim, received food materials from the victim during the period from March 2, 2013 to September 26, 2013, and did not pay the amount of KRW 95,785,015, which was due to the failure to pay the said amount of money, and acquired financial benefits equivalent to the said amount of money, and in the same manner as indicated in the attached list of crimes, the Defendant did not pay the total amount of KRW 217,843,119, even if he received food materials from four victims to the restaurant of students of the International University, J University, as stated in the attached list of crimes.