사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant is not guilty on the ground that there is no particular income from the victim at the time of receiving a loan of KRW 3 million from the victim, and even if he was expected to use the above loan as business operation expenses of the husband, he intentionally concealed the above loan's use of the loan and the status of the company's obligations operated by the husband, and it is possible to fully recognize the defendant's fraud and deception, but the judgment of the court below which acquitted the defendant on the ground that there is no other evidence to acknowledge the crime of deception and deception.
2. The lower court determined as follows: (a) the Defendant consulted the loan solicitation phone from the loan broker and consulted whether it is possible to grant the loan; and (b) the Defendant intentionally applied for the loan to several lending companies including the victim and then did not seem to have received the instant loan in light of the aforementioned loan background and process; (c) the Defendant notified the Plaintiff of the fact that the Defendant had received the simultaneous loan from the Busan HK Savings Bank when applying for the loan; and (d) the Defendant was aware of the fact that the Defendant knew of it; (c) the Defendant did not make a false statement or submit false data regarding its economic circumstances during the consultation process for the examination of the loan; and (d) the Defendant paid interest at a high rate from the lending company as requested by the lending company; and (d) the person who received the loan by paying the loan is not able to repay the loan at the same time, or the lending company is not able to use the loan company.