The prosecutor's appeal is dismissed.

1. The act of receiving a loan from the victim B who has trusted his/her own ability to pay the loan, which is a bad credit holder who has no means to repay the summary of the grounds for appeal, constitutes fraud;

2. Determination

A. The victim’s statement, the Defendant’s first trial statement at the lower court, and the No. 1 notarial deed (No. 20) are admitted as evidence that seems to conform to the self-reliance on the assertion of mistake of facts.

① The lower court rejected the credibility of the victim’s statement on the following grounds.

The victim continued internal relations with the defendant for a long time and continuously delivered gifts in addition to cash grant.

(B) A notarial deed was made in order to avoid doubt of her husband, without any terms and conditions of the C&A.

There is no consistent statement about the reason why the victim borrowed money due to the defendant's intimidation, and there is no consistent statement about the demand for repayment.

In order to recognize the credibility of a victim’s statement in the appellate court, the lower court’s judgment rejecting the credibility of the statement should be sufficiently and sufficiently acceptable and acceptable (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The evidence submitted by the prosecutor alone does not appear in such circumstance.

According to the trial-oriented principle and the principle of direct examination, the judgment of the court below that rejected the credibility of the victim's statement cannot be respected.

② As to the Defendant’s statement on the first trial date, the lower court understood that the Defendant ought to pay money to the victim.

The Defendant denied that there was no deceptionation of the facts charged on the date of the first trial of the lower court on the fourth trial date. In light of the content of the Defendant’s statement to the investigative agency, there was no error in the lower court’s judgment that recognized that the Defendant’s statement

(see, e.g., Supreme Court Decision 2015Do17869, Oct. 13, 2016). (3) Notarial deeds are prepared by the victim to avoid suspicion of the husband.