The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendants borrowed KRW 100 million from the victim for the purchase fund of apartment site located as stated in the facts charged without the intention or ability to repay.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendants deceptioned the victim with regard to the intent to use or to perform obligations.

Therefore, prosecutor's assertion is without merit.

① The victim became aware of the Defendants, a customer, while operating a restaurant from January 2006 to September 2007.

The facts charged of this case are stated that the defendants found the above restaurant around March 2008 by the defendants on the date and around March 2008, and the victim deceivings the victim, but the victim did not operate the above restaurant around March 2008.

(2) The victim was partially refunded the amount of KRW 100 million to Defendant B with business funds in 2007.

[The victim stated that he was paid KRW 70 million, and the victim filed a complaint against Defendant B in 2012, and the statement written by Defendant B at the time of his investigation by Defendant B was made, stated that the amount which was not returned to the victim until March 2008 is the cause of 66 million won. The victim continued to engage in monetary transactions with Defendant B from 2007 to 2012.

(3) Around January 8, 2008, Defendant A borrowed KRW 50 million from the victim for the purpose of the fund for the construction of Pyeongtaek Free Storing Storage, which was used by the victim, for the purpose of KRW 50 million for the construction of Pyeongtaek Free Storing Storage, and stated that Defendant B borrowed KRW 440 million or received KRW 40 million from the victim.

④ Defendant B shall be on April 1, 2008 and the same month.

2. The victim received a total of KRW 93 million from the victim, and the amount of KRW 380,000 is 3,804 square meters of forest land in Young-gun, Gangwon-do, which was under development at the time (hereinafter “Yong-gun Forest”).