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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the Defendant guilty of the facts charged in this case by misapprehending the legal principles or misunderstanding the facts, although it could be recognized that the Defendant could have acquired property benefits for which one year had been deferred for the payment period of KRW 25 million by deceiving the victim E, and that he acquired a total of KRW 67 million from the victim
2. Determination
A. A. Around December 30, 2007, the Defendant made a false statement on the charge that “The Defendant would repay the amount of KRW 25 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
However, in fact, the Defendant was at least KRW 200 million and it was difficult for the Defendant to pay the interest, and even if the repayment deadline is delayed due to the failure to pay the loan, the Defendant did not have the ability to pay the loan on the date of promise.
As above, the Defendant, by deceiving the victim as above, acquired the pecuniary benefits of a year grace period of KRW 25 million for the same day, and acquired the pecuniary benefits of KRW 25 million from April 20, 2010 to September 10, 2012, by deceiving the victim as stated in the attached Table of "Crimes List" in the judgment of the court below, and acquired the money by deceiving the victim as a total of seven times from April 20, 2010 to September 20, 2012.
B. The lower court determined as follows: (a) the circumstance acknowledged by the evidence duly adopted and examined by the lower court; (b) (c) the victim had worked as the Defendant from around 2006, prior to December 2007, when entering the Defendant Company; and (d) thereafter, the Defendant was comprehensively aware of the current status of sales profit and loss of the Defendant Company when working as the Defendant for a long time until the retirement of the said Company from early 2014.