The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the fact-finding) by the prosecutor, the defendant did not have the intent or ability to repay KRW 30 million from the victim D at the time of borrowing, and thus, it can be sufficiently recognized that the defendant had the intent to commit the crime by deception, but the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous

2. Determination

A. On August 29, 2006, the Defendant made a false statement to the effect that “Around August 29, 2006, the Defendant would pay 30,000 money to the Public Official Pension Service until he/she paid a loan to the victim D by phoneing to the victim D.”

However, it is unclear whether a defendant is entitled to receive additional loans because he has already received a loan from the Public Official Pension Service, and even if he borrows money from a victim due to excessive debts such as bank loans and overdue credit card payments, there was no intention or ability to pay it.

The Defendant, by deceiving the victim as above, received KRW 30 million from the victim as the borrowed money, and acquired it by fraud.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant did not have any capacity or intent to repay money from the victim at the time of borrowing money, and that there was no evidence to prove the criminal facts on the ground that there was no other evidence to acknowledge the criminal intent of the Defendant’s defraudation

1. At the time of borrowing, the Defendant, at the time of borrowing, owns real estate worth approximately KRW 42 million in total with respect to the Korea C&T Bank, Korea Exchange Bank, and Korea Broadcasting and Communications University (hereinafter “Korea Broadcasting and Communications University”) and the Industrial Bank of Korea, with a maximum debt worth of KRW 240 million,000,000,000, and with a loan scholarship worth of KRW 30,000,000,000,000,000,000 won.