The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that, in the absence of the Defendant’s solicitation, the victim did not receive the instant loan; the victim confirmed the first month interest of the first month and immediately resisted against the Defendant; the Defendant promised to lower the interest rate of 10% per annum prior to the date of payment of interest of the following month to maintain the relevant loan; the Defendant did not hear sufficient explanation from the Defendant as to the extent of time; and the Defendant did not actively take measures with sufficient responsibility for the victim’s loan; etc., it is recognized that the Defendant deceiving the victim that “I would allow the Defendant to obtain the loan as interest of 10% per annum; and that it would enable the victim to obtain the loan as interest of 27.9% per annum.”

Nevertheless, the court below which found the defendant not guilty on the ground that the defendant's deception was not proven, has erred in mistake of facts.

B. Although it is necessary to examine the data related to the loan, such as the loan contract in the name of the victim, the court below erred by failing to adopt the prosecutor's order to submit documents, and failing to exhaust all necessary deliberations.

2. In light of the fact that part of the victim's legal statement and recording (Evidence No. 13 pages) correspond to the defendant's defense, and that the victim actually repaid his own existing loan with the loan of this case, etc., the court below held that "the defendant's defense defense that "the defendant's defense was reliable that "if he repaid the victim's existing loan with the loan of this case and the victim's credit was improved, he planned to promote the victim's loan of 10% per annum, and explained it to the victim prior to the loan of this case," and that the evidence submitted by the prosecutor alone would allow the defendant to get the victim a loan at the interest rate of 10% per annum from the D bank.