The prosecutor's appeal is dismissed.

1. In light of the Defendant’s property status, the use of construction cost, and the progress of construction at the time of the instant appeal, etc., the Defendant may fully recognize that the Defendant received construction price from the victim and acquired it, even though he did not have any intent or ability to complete the construction work of the third-class building building C in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant construction”). However, the lower court erred by misapprehending the facts charged in the instant case.

2. Determination:

A. A. Around March 31, 2012, the Defendant, at the construction site located in Gangnam-gu Seoul Metropolitan Government, said that the Defendant would complete the construction work up to September 30, 2012, with the victim D (hereinafter referred to as 42 years of age) by September 30, 2012, by the construction cost of KRW 260 million.

However, in fact, the Defendant was a person who is not liable for financial obligations with a debt equivalent to KRW 50 million. On June 2012, the Defendant acquired the company under the condition of acquiring taxes and debts without any particular property, and the Defendant did not pay a fine of KRW 2,500,000,000, and even if the office operation expenses were not paid by the victim, it is difficult for the Defendant to use it as office operation expenses, living expenses, and construction expenses at other construction sites, so there was no intention or ability to complete the construction.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 30 million from the victim as the down payment on April 1, 2012 as the down payment, and by June 25, 2012, received the total sum of KRW 29 million under the name of down payment, construction expenses, etc., five times in total, as shown in the attached list of crimes, from June 25, 2012.

B. In full view of the following circumstances, the lower court’s summary of the instant facts charged: (a) intended to deceive the victim without any intent or capacity to complete the instant construction work at the time of the instant construction contract and the victim’s payment of the construction cost; and (b) to obtain money as the name of the construction cost