The prosecutor's appeal is dismissed.

1. According to all the evidence of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below erred in finding the Defendant not guilty of the facts charged of this case due to misunderstanding of facts and misapprehension of legal principles, although the Defendant could fully acknowledge the fact that he borrowed money from the injured party without the intent or ability to repay.

2. Determination

A. The summary of the facts charged is a person who served as the representative director of the G Medical Foundation H hospital in the Namwon-si Medical Corporation in the Republic of Korea from March 2012 to September 13, 2014.

In March 2012, the Defendant acquired the above hospital, but the liabilities of the above hospital amount to approximately KRW 1.8 billion, and was unable to pay the interest, etc. on loans, etc. due to the operation of the enemy monthly. On October 2012, the Defendant did not have any intent or ability to repay the loans, etc. even if he/she borrowed money from another person due to lack of basic funds to take over the I hospital located in Kim Jong-si on the basis of lack of basic funds.

1) On June 2012, the Defendant, at the office of the chief executive officer on the second floor of the above hospital, operated L Hospital in the former K branch, and operated Lestop Island in the former K branch.

If 200 million won is lent, the surety insurance policy will be issued in 200 million won which can guarantee the principal, and 18% interest per annum will be paid.

A false statement to the effect that “the principal is not known and only one year has been lent” was obtained from the injured party on the 27th of the same month from the new cooperation account (Account Number M) with the Defendant’s name and obtained the remittance of KRW 200 million in the name of the borrowed money.

2) On October 2012, the Defendant entered into a contract with the victim to take over the I Hospital located in Kim Jong-do at the office of the chairman of the above hospital on the ground that the Defendant would issue a surety insurance policy of KRW 600 million to the victim on the 12th of the same month from the victim, on the ground that: (a) the Defendant borrowed KRW 400,000 per month as the acquisition fund falls short of the funds; and (b) the Defendant would have borrowed KRW 200,000,000 prior to the loan, including KRW 200,000.