The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

(M) According to the evidence submitted by the prosecutor, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which acquitted the defendant, even though the defendant could fully recognize the fact of deceiving the victim as stated in the facts charged.

On February 8, 2012, the Defendant stated that “E”, a motor vehicle repair business entity operated by the Defendant in Pyeongtaek-si D, “E intends to provide E business. If the Defendant borrowed money, he/she will receive the E lease deposit and pay it.”

However, in fact, the Defendant did not have a certain income from E business depression at the time, and the lease deposit of E was excessive to KRW 85 million, and rather, the Defendant thought that his personal obligation with respect to financial rights, etc. was about KRW 170,000,000,000,000,000 as the above lease deposit, and thus, the Defendant did not have any intent or ability to repay the amount even if he borrowed it from the victim.

As above, the Defendant, by deceiving the victim, received KRW 15 million from the victim on February 8, 2012; KRW 5 million on March 19, 2012; KRW 10 million on April 10, 2012; KRW 30 million on April 19, 2012; KRW 25 million on April 23, 2012; KRW 17 million on May 14, 2012; and KRW 7 million on June 5, 2012.

Accordingly, the defendant was given property by deceiving the victim.

The judgment of the court below was made by the court below that the defendant is difficult to carry out the economic conditions of the victim, and that he/she would repay money by selling E. On or after April 23, 2012. On or around June 12, 2012, he/she intended to repay money to the victim, such as that he/she would pay 40 million won with the proceeds of sale after selling E. However, he/she would first repay other debts, and he/she will fully repay his/her money to the victim, and he/she will fully repay other debts to the victim. In addition, he/she did not repay the victim's debt due to various circumstances.