The prosecutor's appeal is dismissed.

1. The defendant's statement of the reasons for appeal is inconsistent, while considering various circumstances such as the victim's statement and I's statement and the result of related civil case judgment, it can be sufficiently recognized that the defendant filed a voluntary application for auction to the court with the fact that there is no obligation relationship with the victim and there is no obligation relationship with the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. In full view of the following circumstances, the lower court determined that the instant facts charged was sufficiently proven to the extent that there is no reasonable doubt as to the instant facts charged solely with the statement of E and I’s respective statutory and investigative agencies and the statement of the judgment of the Suwon District Court No. 26279, supra.

It is difficult to view the instant facts charged, and on the grounds that there is no other evidence.

1. E shall not use 150 million won after hearing the demand of the defendant.

The I stated that I would like to do so, "I would like to do so, because I would have a money? I would like to do so, because I would like to do so, I would like to believe that I would have to do so, and prepare and deliver a loan certificate of KRW 100 million per par (in the witness examination record, No. 3-4 of the witness examination record), and further, that "I would like to cancel the right to collateral security when I have repaid 150 million and interest," and that I would not transfer it from I (the above record No. 11 of the record).

However, it is difficult to understand with the meaning that it was created and issued a high loan certificate of KRW 100 million with the belief of I only, and that it was created and issued by the right to collateral security that can apply for a voluntary auction at any time.

② If the circumstances leading up to the preparation of the loan certificate are as stated in the facts charged, it is a kind of security for the claim of KRW 150,000,000,00 actually existed, and E is therefore null and void in the event the full repayment of the interest is made.