The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant could recognize the fact that he had by deceiving the victim as stated in the facts charged of this case and acquired by deceiving 35 million won as the borrowed money, and on a different premise.

2. Determination

A. The summary of the facts charged is as follows: in the E’s operation of the Defendant on the eightth floor of the Seocho-gu Seoul Special Metropolitan City D Building on October 2008, 2008, the Defendant: (a) “I would like to operate a amusement room on the water village of the Republic of Korea; (b) would operate a amusement room on the water village of the Republic of Korea; and (c) would have 300,000 won per month by lending 3,50,000 won per annum; and (d) would have the monthly security deposit at the place where I live at the present time after deducting 5,00,000 won per month from the monthly rent.

The principal stated that the principal shall be returned at any time at the end of one month or in one month.

However, there was no specific plan to operate a new entertainment room at the time when the defendant borrowed money from the injured party, and there was no intention or ability to pay the principal and interest of KRW 3 million per month to the injured party.

Nevertheless, the defendant, as mentioned above, made a false statement to the victim and acquired it through a copy of the original check on October 22, 2008 from the victim.

B. The lower court rendered a judgment on the grounds that the facts charged in the instant case constitute a case where there is no proof of criminal facts for the following reasons, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

“1) The facts admitted through evidence, etc.) part of the Defendant’s legal statement, part of the witness F’s legal statement in the second public trial protocol, the certificate, agreement execution statement among the evidence requested by the prosecution, the account transaction statement of the suspect’s bank, and the suspect.