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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, if the Defendant borrowed KRW 150 million to the victim C with the funds to be invested in the film “F,” he/she shall be paid up until November 16, 2006, and he/she received the said funds from the victim and used them for other purposes, such as the company’s operating funds, etc., so the Defendant’s intent and deception is sufficiently recognized.
Therefore, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. On October 16, 2006, the Defendant made a false statement to the effect that “F,” a film “F,” as a representative director, is being invested in the said film, is in the process of photographing the victim’s motion picture “F,” a motion picture artist affiliated with the D Entertainment, which is a motion picture artist affiliated with the said motion picture. In order to make an investment in the said motion picture, the Defendant tried to make a loan of KRW 150 million, including interest rate of KRW 10 million, until November 16, 2006, to pay KRW 162 million, including interest rate of KRW 100 million.”
However, the Defendant did not have invested the above KRW 150 million in the production of the film, and used the above money for personal debt or stock investment, etc., and at the time, the Defendant borrowed money from the victim due to the lack of operational funds of the DNA Entertainment Co., Ltd. operated by the Defendant, the Defendant did not have any intent or ability to repay it until the date of repayment.
As such, the Defendant, by deceiving the victim, received KRW 150 million from the new bank account in the name of the Defendant on the same day (the former Account Number G) from the victim.
3. According to the evidence duly adopted and examined by the court below, the defendant recommended the victim to make an investment in the film F, which the film E, first managed by the victim, to make an investment in the film F, the film E, first managed by the victim, but the victim rejected it, and the defendant borrowed money from the victim.