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. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) was delayed in the confirmation of the membership related to the golf membership that the defendant transferred to the victim for the purpose of collateral, and even thereafter, there was a situation in which the defendant refused to open the name in the company operating the golf course and thus failed to cashe due to the progress of the lawsuit. As to the KRW 79 million, the defendant expressed his/her intent to preferentially pay the principal to the victim and pay the remainder in installments, and if sufficient collateral was provided with money borrowed from others, he/she did not have the ability to repay the borrowed money, barring any special circumstance.

In light of the above, the Defendant had the intent or ability to repay the Defendant at the time of the instant case.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principles or affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) on January 18, 2008, the Defendant: (b) introduced C, a branch, at the coffee shop located in the city-U.S. parks near the city-U.S. Park that was located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong site; and (c)

The loan of KRW 35 million shall be paid in KRW 79 million within six months.

In other words, the golf membership that has currently been pending in the lawsuit will be transferred to the holder of the membership because the trial is terminated without the mold for six months after the date of the lawsuit.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any particular property at the time, and the principal of the debt borrowed from the lending company at the time was extremely lacking in ability to repay the debt amounting to 32,494,000 won, and in the case of golf memberships, even if he received money from the damaged party as the lawsuit is pending, he did not have the intent or ability to transfer the name of golf membership.

Nevertheless, the defendant is suffering from the damage.