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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the factual errors or misapprehension of the legal principle) and the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendant was aware of his intent to pay his debt in the same manner as indicated in the facts charged of the instant case and used to lend money to or make an investment in C by concealing it, and the victim wired the amount of KRW 50 million to C, thereby deceiving the Defendant.
Nevertheless, the lower court: (a) the Defendant borrowed KRW 51 million from C; or (b) decided that C pay his/her debt on behalf of the victim.
The court below found the defendant not guilty of the facts charged of this case on the ground that such intention cannot be readily concluded that the victim remitted the above money. Thus, the court below erred in misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged in the instant case was as follows: (a) the Defendant, for the purpose of attracting investment in order to conduct a project with the burden of charge, recommended investment to be made to the victim of female-friendly job offering D by coloring investors for C.
However, the Defendant borrowed KRW 51 million from C on two occasions in the course of performing the work, such as aiding and abetting C’s business investment attraction, and thereafter, C, which was divided into the business funds, demanded C to continue to repay the borrowed amount, and the victim, by means of repaying the borrowed amount, recommended C to make an investment in the business of C, and C, as if female job offering victims repay the borrowed amount instead of the borrowed amount, had the intent to pay the debt.
On September 3, 2007, the Defendant found a victim who was hospitalized in a hospital at the F Hospital Hospital Hospital Hospital in Gangnam-gu, Seoul on September 3, 2007, and lent 50 million won to the victim with the “C need to pay the amount that the C would have to pay to the Customer.” If the Defendant borrowed 50 million won, he would be able to pay the interest well. If it is impossible to pay the amount, 50 million won shall be paid.