The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not have experience in successful operation of main franchise business and did not have sufficient funds or business know-how to conduct the foregoing business.

In addition, the Defendant borrowed KRW 50 million from the victim for the 20-month period on June 10, 2013 by making installment payments of KRW 2.5 million each month, but did not repay it once. On June 19, 2013, if the Defendant fails to open 30 member stores by the end of the same year, he/she did not immediately make a payment, but did not refund the said money, and on July 3, 2013, he/she did not refund the said money.

8. In light of the fact that the Defendant borrowed KRW 20 million as of 30.30, but did not pay the money at all, etc., the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim for business purposes.

Therefore, although the defendant can be recognized as a criminal intent by deception, the court below acquitted the defendant on the ground that there is no proof of criminal facts, and the judgment of the court below is erroneous in the misapprehension of facts and affecting the conclusion of the judgment

2. The judgment of the court below on the grounds of appeal is based on the evidence adopted and examined as follows: (i) the victim, as a liquor company, operated a business by lending the opening fund to the persons wishing to start a franchise, including the defendant, under the condition that alcoholic beverages are exclusively supplied to the member stores for a certain period; (ii) the defendant appears to have used most of the money received from the victim as direct sales outlet opening costs; (iii) there is no evidence to prove that the defendant had past experience in operating a franchise-related business, and that the victim had made a false statement about his career; and (iv) the defendant and the victim are merely “30,000 business fees for soliciting 30 member stores.”