The prosecutor's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

1. In determining the Defendant’s financial ability to repay, it is unreasonable to consider his spouse’s financial ability, and the Defendant did not have an intention or ability to repay debts in excess of the obligation at the time of committing the instant crime.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged in this case 1) On March 2008, the Defendant made a false statement to the Victim C, stating that “The Defendant attempted to purchase panty Belgium materials prior to the crum crum clock, and if there is money, the Defendant borrowed the money to the maximum extent possible.”

However, in fact, the defendant was living together with her husband's revenues, and there was no particular property or income, and he was liable for the debt of about KRW 14 million to financial institutions, such as the Nonghyup Bank and Samsung Card, and the Korea Credit Guarantee Fund was also liable for the debt of KRW 120 million, and thus there was no intention or ability to pay the debt even if he borrowed money from the victim.

Nevertheless, on March 17, 2008, the Defendant received 15 million won from the damaged person to his bank account on or around March 17, 2008 and acquired it.

2) On August 28, 2008, the Defendant had to move her studio to the victim C.

Two persons have been used as the same person, so that they can move too much inconvenience.

Studio deposit 20,000,000 won may be lent. The loan shall also be made by the flaz.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay the victim's borrowed money in excess of the above obligation.

Nevertheless, the Defendant, on August 29, 2008, received from the injured party the remittance of KRW 5 million from around August 29, 2008, and KRW 20 million from October 30, 2008 to his bank account.

B. The lower court acquitted the Defendant of the instant facts charged on the following grounds.

The defendant.