The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) that the G operated by the defendant was suffering from a financial crisis, and the amount of debts exceeded three times the assets;

In light of the G’s financial status, the court below erred in the misapprehension of the facts that the defendant was not guilty while recognizing that the defendant could not change the money within three months from the victim’s borrowing of money.

2. According to the evidence duly adopted and examined by the lower court, it can be recognized that G was suffering from the financial crisis at the time of the instant case and the liabilities increased due to aggravation of its financial position. However, as stated in its reasoning, the Defendant, as stated in its reasoning, intended to borrow money from the damaged party and pay Q new construction down payment (3 billion won) to the injured party, and the construction work was no longer due to the change in the business plan of the ordering agency after borrowing, and the G appears to have caused the nonperformance. In light of the following, the Defendant, based on the evidence submitted by the Prosecutor, was aware that the Defendant was unable to repay the borrowed money due to the nonperformance of G at the time of the instant case, and the Defendant was making self-help efforts, such as disposing of personal property and input it into the company.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

The ground for appeal is without merit.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.