The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. According to the summary of the grounds for appeal (misunderstanding of facts), the statement of the victim, the defendant's part of the statement, the copy of the copy of the contract for lending and borrowing money through D (hereinafter "D") and each description of the contract for lending and borrowing of money, etc., the defendant can fully be fully recognized that he/she deceivings the victim without intent or ability to repay as stated in the facts charged and acquired money

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. Determination

A. The summary of the facts charged in this case is D’s representative director established for the purpose of agricultural and fishery products distribution business with the main office located on the 5th floor of Songpa-gu Seoul Metropolitan Government building.

On April 25, 2011, the Defendant stated to the effect that “Around the above D office, the Defendant would have the victim E pay the balance of real estate sales to the victim E in lieu of the balance of real estate sales to the victim on May 25, 2011, because it was confirmed that D would supply food materials to the restaurant for the employees of the airport of Kimpo Airport and Young-do, Kimpo-do, through G, and that “Around May 25, 2011, the F president would have lent KRW 300 million funds for purchasing real estate to be provided as security to F.

Therefore, G does not have to pay the balance of real estate sales.

The remainder of KRW 270 million, excluding KRW 30 million paid as down payment, etc., was false as follows: “The remainder of KRW 270,000,000,000 shall be used to purchase the train or to obtain freezing storage.”

However, there was no fact that the F paid the balance of G real estate sales in lieu of the F, and the Defendant operated.

D was not equipped with capital, human resources, and physical facilities required for food supply business, and rice was supplied to H, and there was no performance or sales related to the supply of other food materials, and there was no intention or ability to repay borrowed money to the victim by entering into a contract for food supply as a normal business because it did not have any other food supply business.

The defendant deceivings the victim as such.