The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the summary of the grounds for appeal, although the defendant could sufficiently recognize the fact that he deceivings the victim C by deceiving the victim C on or around January 2009, the court below rendered a judgment not guilty by finding that all the facts charged in this case against the defendant did not have evidence of crime. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of this case is that the defendant was liable for the debts of several million won, and even if he borrowed money from the victim C because he was not operated properly, he did not have the intent or ability to pay the money properly. ① On January 2008, the defendant stated that "I would like to pay the money if I would like to lend 10 million won to the bonds company in Daegu, and I would like to pay the money if I would like to pay the money if I would like to borrow 10 million won to the E account under the name of the victim, which was used by the defendant, and I would receive 10 million won from the victim's account in the name of the victim, and then receive it from the victim's account in the name of the defendant around the same day. ② On January 2009, I would like to borrow 30 million won from the victim's apartment loan contract in the name of the victim in Gohap-gun, Gohap-gun, Seoul, by taking over 30 million won from the victim's apartment loan contract."

B. The following circumstances are comprehensively taken into account the records of the judgment of the court below and the victim’s statement in the court below, namely, ① the Defendant, from an investigative agency to the court of the court of the court below, has consistently made a specific and consistent statement concerning the motive or circumstance in which the Defendant borrowed money from the victim, while the victim is not consistent with his/her statement, ② the Defendant is money from the victim before.