The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the prosecutor is as follows: according to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts and thereby acquitted the defendant.

2. The summary of the facts charged in this case is as follows.

On January 17, 2013, the Defendant made a false statement to the effect that “The Defendant would have repaid 4 million won to the victim” to the victim in the office E, a corporation operated by the victim D in Songpa-gu Seoul, Songpa-gu, Seoul, 809.

However, the Defendant had already failed to pay the National Health Insurance Premium from January 2009. Before borrowing the amount of KRW 4 million from the victim, the Defendant did not notify the victim of the fact that it was already given a loan from another lending company, such as “Iruia,” “ wellcom,” and “Iveve”. On the other hand, the Defendant’s income is merely KRW 2 million per month, and the Defendant had to pay interest, principal, etc. to the above lending companies, and thus, there was no intention or ability to complete payment even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim on the same day.

3. Determination

A. According to the evidence submitted by the prosecutor, the lower court acknowledged the fact that the Defendant had not paid national health insurance premiums for about four years prior to the time of receiving the instant loan, that the Defendant had already received a loan from Aluru, Aluru, wellcom and Love, and that the Defendant had filed an application for commencement of individual rehabilitation procedures due to financial difficulties on March 31, 2015. However, in full view of the following circumstances acknowledged by the record, the lower court, solely based on the facts acknowledged earlier, actively and actively, actively committed the victim with the intent to obtain by deception at the time of the instant loan.