The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was jointly operated by the Defendants, and the victim G stated that it would not have lent a promissory note if he had been notified of the Defendants’ debt relationship, etc., the lower court erred by misapprehending the facts and acquitted the Defendants of the facts charged.

2. According to the records of this case, the following circumstances are recognized as stated by the court below.

The Defendants, as married couple, leased the warehouse from the victim G to the original manufacture and export business, and the victim requested the Defendants to discount the bill, and the Defendants borrowed the bill from the victim, etc., have engaged in the trade of the bill based on mutual needs and trust for 7,8 years prior to the transaction of the promissory note as stated in the facts charged.

Before the date of the bill borrowing stated in the facts charged, the Defendants settled or repaid all of the bills borrowed from the victims on the date of payment, and approximately KRW 50 million out of the total amount of KRW 190 million stated in the facts charged.

It is difficult to find out the circumstances that the Defendants continuously borrowed bills necessary for business from the victims, and particularly, only the bills stated in the facts charged, were hiding the Defendants’ financial status or being repaid.

The defendants explained that they did not receive the existing export price due to the damage caused by Japanese and American wave, and the export length was prevented, and that the failure of the defendants to pay the original production of the defendants was hindered due to the failure of the KCAM, which is the principal customer of the defendants, and that the health of the defendants A was rapidly aggravated and the defendants' business was unable to properly operate their business, making the defendants' business difficult rapidly, thereby preventing them from paying the due payment for the bill borrowed from the victims.