The prosecutor's appeal is dismissed.

1. The lower court found the Defendant not guilty of the fraud of KRW 600,000 among the facts charged in the instant case, and found the remainder of the facts charged guilty and sentenced to a fine of KRW 700,000.

Accordingly, the defendant did not appeal and only the prosecutor appealed against the acquittal portion.

Therefore, since the part of the judgment of the court below against which the defendant and the prosecutor did not appeal is divided into the remainder of the appeal period, the scope of the judgment of this court is limited to the part not guilty (see Supreme Court Decision 2010Do10985, Nov. 25, 2010) among the judgment below (see Supreme Court Decision 2010Do10985, Nov. 25, 2010). 2.

3. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the grounds that: (a) in relation to G, the Defendant and D clearly expressed the Defendant’s intention to do so, and (b) it is recognized that the Defendant used 600,000 won out of the borrowed money from G, but it is insufficient to recognize that the Defendant used 600,000 won with the intent to repay to D.

B. The following circumstances acknowledged by the lower court’s judgment based on the record, i.e., (i) the F introduced the Defendant’s talking that the Defendant requires money on January 2013 as lending money, and (ii) the F was aware that the Defendant was able to borrow money from G.

The statement is made, ② the defendant prepared a cash custody certificate (370 million won) to D on August 22, 2014 (5 pages of evidence records), but the above 600,000 won is not individually specified, and at the time the defendant lent the name of D.