사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) ① It is difficult to view that the defendant had an intent to repay 200 million won in money from I at the time of borrowing money from I, and ② Even if the defendant had a security deposit of KRW 600 million at the time of borrowing money from the defendant in relation to the ability to repay, the defendant was unable to repay the borrowed money solely due to the loan obligation of KRW 300 million, the overdue loan obligation of KRW 150 million, the overdue loan and management fee obligation of KRW 150 million, and the lease deposit obligation cannot be repaid. ③ The testimony of the court below I and P, which correspond to the facts charged in the instant case, are inconsistent, and the testimony of the court below, which corresponds to the facts charged in the instant case, is improper to reject his testimony even if it was due to the fact that the defendant failed to submit an investment agreement, and it was not due to the fact that the defendant's testimony was erroneous, and thus, this part of the allegation was additionally asserted by the prosecutor's opinion on September 12, 2013.
The judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2. The summary of the facts charged in this case is as follows: “The Defendant, at the H Co., Ltd. office located in Gangnam-gu Seoul Building 904 on October 28, 2010, operates the lease deposit of KRW 600 million in J, and the lessor is required to pay the deposit of KRW 100 million in the cost of facility repair. The amount of KRW 100 million per day is approximately KRW 20 million in the cost of facility repair. The monthly sales amount is KRW 20 million in the above amount of KRW 2.3 billion in the amount of money, the Defendant would offer a claim to return the deposit of KRW 70 million in the increased amount of money as security, and repaid KRW 300 million including interest at KRW 5 months after the payment.”