The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, such as the statement of the victim, the defendant's intent to repay, the defendant's statement about his/her ability, and the current status of the saba vehicle provided as security by the victim, the gist of the grounds for appeal by the public prosecutor can be acknowledged as the crime of defraudation

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Determination

A. Of the facts charged in the instant case, the following circumstances acknowledged by the record as follows: ① even if the victim's statement was based on the victim's statement, the victim listens to the L Co., Ltd. (hereinafter "Defendant Co., Ltd.") operated by the defendant, who borrowed a credit card from I, that the victim returned the remaining amount after deducting 10% of the credit card payment from the credit card payment, and requested H to pay 200,000 won by H's credit card; and ② upon the victim's request, the victim lent the H and J credit card (hereinafter "the instant credit card") to the victim or I, and during that process, it appears that the victim lent the credit card to the victim or I to return the remainder after deducting 10% of the purchase payment by the credit card payment from the first credit card payment. ③ The victim's statement was made only before the defendant made the statement to the effect that it was made by the victim, but only after the first credit card payment was made by the defendant.