All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendants amounting to KRW 5 million from the victim on September 20, 2012 (the repayment period January 20, 2013; and (b) the interest rate of KRW 2% per month (hereinafter “the first loan”).

(2) On October 5, 2012, KRW 600,000 [the second loan in this case hereinafter “the second loan”) at the interest rate of December 30, 2012 (hereinafter “instant second loan”).

[) At the time of borrowing each of the above loans, the court below acquitted the Defendants of the charges in this case by misunderstanding the fact that the Defendants had the ability to repay and/or intent to repay each of the loans in the amount of KRW 10 million,00,000,000,000 to the financial institutions at the time of the above loan. However, since the financial institutions have a total of KRW 27,20,000 at the time of the above loan, the above lease deposit should also be provided for the repayment and default of the financial institutions' claims, etc., and thus, it cannot be said that the Defendants had the ability to repay or intent to repay each of the loans in this case.

2. Determination

A. The lower court determined as follows based on the evidence duly adopted and examined by the lower court: (i) insofar as the Defendants continued to pay the instant loan to the victim until February 2013, which was the date of each of the instant loans; (ii) as long as each of the instant loans was due until February 2013, the Defendants asserted a set-off against the Defendant’s claim to refund the lease deposit; and (iii) was able to fully pay KRW 10 million out of the total amount of each of the instant loans; and (iv) each of the instant loans was made at the time when the Defendants did not enter into the instant lease contract for the purpose of running agricultural products distribution business on May 2012, 200, at the time when the period of each of the instant loans was less than four months, and as such, it was difficult to expect that the Defendants would not have paid a relatively short amount of KRW 11 million, as the business was not well known from the time of the commencement of the business.