The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant was liable for KRW 153,400,00 for E on July 18, 2015; (b) the Defendant was fully unable to pay the said KRW 30,000 by July 13, 2017; (c) the Defendant was also liable for KRW 30,000 for G, H and I; (d) the Defendant borrowed KRW 20,000,000 from the Lessee around May 2016, the Defendant was unable to pay the said KRW 60,000 for each share of KRW 70,000,000; (e) the Defendant was unable to receive the said KRW 153,40,000 from the damaged person in a way of “ir return”; (e) the Defendant could not receive the said KRW 70,000,000 from the other persons; and (e) the Defendant was unable to receive the said KRW 160,50,0,006, and 1,06,0.

2. Determination

A. The lower court, based on the evidence duly adopted and examined, found the following circumstances, based on the following: (a) the developments leading up to the suspension of July 12, 2016 on the part of the injured party; (b) the Defendant opened a approximately 176 fraternity operated by the injured party; and (c) the Defendant normally received a fraternity payment and a normal receipt from the injured party until July 11, 2016; and (d) the Defendant paid a fraternity and did not receive it yet, taking into account the fact that the amount of the Defendant’s total debt owed to the injured party is less than the amount indicated in the facts charged.