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The prosecutor's appeal is dismissed.
Reasons
In full view of the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below acquitted the defendant on the grounds that the evidence submitted by the prosecutor could sufficiently recognize each of the charges of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
The court below did not have the intent or ability to repay the borrowed amount to the defendant at the time of borrowing from E the borrowed amount of KRW 230 million only with the evidence presented by the prosecutor on detailed grounds as to the fraud of the borrowed amount on the market.
On the ground that it is difficult to conclude that there was a criminal intent to obtain fraud or to commit fraud, this part of the facts charged was acquitted.
A thorough examination of the evidence of this case in light of the records, the court below's determination of not guilty of this part of the facts charged is legitimate, and the prosecutor's allegation in this part is without merit.
In light of the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below as to the fraud of goods, the evidence submitted by the prosecutor alone cannot be deemed as having proved without reasonable doubt, and there is no evidence to prove otherwise, the prosecutor’s assertion on this part is without merit.
① As the lower court decided as to the fraud of the borrowed money, the principal cause of the Defendant’s financial condition aggravated before and after the instant goods transaction was brought about by U on May 6, 201 with respect to the instant factory site (T, R, S, and C) and accordingly, the lawsuit for the cancellation of ownership was brought against U on May 6, 2011, and accordingly, the additional loan was virtually difficult due to the completion of the pre-announcement registration for the cancellation of ownership on May 23, 2011.