The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding (related to fraud), F Co., Ltd. (hereinafter referred to as “F”) received a temporary delivery of KRW 15 million from Defendant A for the purpose of accounting management, and thus, Defendant A does not lend KRW 15 million to Defendant F, and F is separate from the loan of this case and the full amount of the processing cost that the F would pay to the Defendants. In light of the fact that the Defendants were found to have obtained a loan of KRW 20,790,00 by deceiving G even though they did not have the intent or ability to repay the money at the time of borrowing, the lower court acquitted the Defendants as to this part of the facts charged. The lower court erred by misapprehending the legal doctrine.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unfluent and unfair.

2. Determination

A. On May 10, 2014, Defendant B, at the E office located in the Bupyeong-gu Incheon Bupyeong-gu H building on or around May 10, 2014, claimed that the facts of this part of the facts charged (the fraud) are true, Defendant B entered KRW 5 million in the month in which the company rent, management fee, electricity fee, etc. enter one month, and 30 million won for six months.

It is intended to lend money to a third party with a loan.

“.....”

However, the Defendants did not have any intention or ability to pay properly even if they borrowed money from G due to the lack of special property or claim.

The Defendants, as such, by deceiving G, received KRW 20,790,000 from G to the Agricultural Cooperatives Deposit Account in the name of Defendant A for the purpose of borrowing money around May 16, 2014.

As a result, the Defendants conspired to receive the goods by deceiving G.

2) The intent of defraudation, which is a subjective constituent element of the judgment of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's re-satisfy, environment, content of the crime, process of transaction, relationship with the victim, etc., unless the defendant makes a confession (Supreme Court Decision 204.).