The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal can be acknowledged that the Defendant obtained a loan of KRW 138 million from the two damaged financial institutions in the military and obtained a total of KRW 138 million from the two damaged financial institutions in the absence of the ability to repay the loan according to the agreement because the management of the gas station operated by the Defendant was difficult on or around December 2011, but the lower court acquitted the Defendant. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which

2. Evidence that criminal facts exist in the judgment criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge so that the judge can obtain high probability to the extent that there is no reasonable doubt, and if there is no evidence to form such a degree of conviction, the defendant is suspected of guilt even if there is no evidence to establish such a degree of conviction.

Even if there is no choice but to judge the interests of the defendant.

In light of the facts that the court below applied for loans to victims without revealing almost little profits in the oil station operated by the defendant, and even after the loan was received, there is room to regard the defendant as acquiring money by deceiving the victims without the intention or ability to repay the principal and interest, as stated in the facts charged, by deceiving the victims without any intention or ability. However, the loan of this case is a loan that satisfies the lending standards required by the financial institution as a loan of automobile purchase fund or a general loan of general loan operated by the financial institution. Accordingly, the credit rating and credit rating of the victim Hyundai Capital Co., Ltd. and the future Savings Bank are comprehensively taken into account the defendant's credit and credit rating, repayment ability, the current status of the company operated, the degree of risk following the failure to repay the loan, the method of compulsory repayment, etc.