The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the grounds of appeal, it can be sufficiently recognized that the defendant was unable to obtain a loan at the time of the instant case and to repay the loan to the victim due to the loan.

2. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the evidence alone, which was presented by the prosecutor, did not have the intent or ability to receive loans from the Defendant at the time of the instant case to repay the borrowed funds to the victim.

It is insufficient to conclude it, and there is no other evidence to acknowledge it, and the facts charged in this case were acquitted.

① At an investigative agency and the lower court, F made the following statements:

The loan that the F has been extended to the defendant and the victim in the name of the defendant and the victim on several occasions (hereinafter referred to as the "loan of this case") shall be extended in the name of the defendant, and a new loan may be extended in the name of the defendant only one month after the repayment

I explained.

In this regard, the victim requested the defendant to obtain a new loan from the 10th day after the victim, and the defendant applied for a new loan even at his delivery, but the loan did not occur.

After the lapse of one month, the defendant applied for a new loan again, but the previous loan was not made again due to the history of inquiry about the previous loan by the defendant.

(2) In addition, if the court below made an application for a loan after one month after the Defendant repaid an existing loan, F may have a loan exceeding KRW 70 million in light of the circumstances in which the Defendant’s existing loan obligation was repaid and the Defendant’s annual salary, etc.

The statement was also made.

③ On May 15, 2015, the Defendant was temporarily dismissed from office due to an accident during his/her duties, which occurred in the second half of 2015, and thereafter, he/she was discharged from office in the absence of a workplace.