The prosecutor's appeal is dismissed.

1. In light of the Defendant’s financial standing, the process of purchasing the site of the building of this case, and the circumstances in which the loan was not prepared, the intent or ability to pay the construction price to the Defendant at the time of the contract for the construction of this case

shall not be deemed to exist.

Nevertheless, the court below decided that the defendant deceivings the victim without the intention or ability to pay the construction cost.

The judgment of innocence is erroneous in the misconception of facts for lack of evidence.

2. Determination

A. The Defendant in the facts charged is the owner of a sanatorium for older persons in Hongcheon-gun C and D, and the victim E was a person who operated the “G Co., Ltd.” in the Hongcheon-gun, Chungcheongnam-si, Chungcheongnam-si.

The Defendant purchased Gangwon-gun Hongcheon-gun C, D, H, and I (hereinafter “instant land”) at KRW 1 billion from the J, the land owner (former J established and borrowed the right to collateral security on the said real estate), and paid KRW 50 million a down payment, and tried to build a sanatorium for older persons on the land C and D among the instant land.

On December 19, 2014, the Defendant changed 726 billion won to the victim’s 3rd floor of the above elderly’s sanatoriums at the coffee specialty store located on the 6th floor of K Building at the time of light life around December 19, 2014. There is a relative and relative who attends a bank, and it is necessary to receive a bank loan as the construction work is completed, and thus, it is difficult to understand the construction cost.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no intention or ability to pay the construction cost normally even if the injured party completes the construction work, as well as the Defendant’s personal obligation and tax in arrears amounted to KRW 540,000,000,000,000,000.

The Defendant, as such, deceiving the victim, and the victim was under his control, to do so on February 2015.