The prosecutor's appeal is dismissed.

1. From 2010 to 2010, the Defendant operated the “C” store, and acquired money by deceiving the victim on three occasions as follows, even if he/she borrowed money from the victim D, due to the aggravation of financial standing due to the loan of KRW 30 million and the burden of interest of KRW 12 million for a savings bank loan of KRW 12 million, etc., and he/she borrowed money from another person to pay interest on an existing obligation.

(1) On April 6, 2011, the Defendant concealed the above financial situation of the victim’s home located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and made a false statement to the victim “a request to lend money which is likely to raise the present store more,” and the Defendant received KRW 9.7 million from the victim’s place of residence (the amount obtained by deducting the pre-paid interest and KRW 300,000 from the pre-paid interest).

(2) On June 15, 2011, the Defendant made a false statement to the victim by telephone, stating that “If the Defendant was to pay 3 million won as her birth day and then borrowed her 3 million won, 1.2 million won per month, she shall be repaid 1.2 million won every three months” from the victim’s bank account (Account Number F) in the name of the Defendant, and acquired it by fraud.

(3) On July 5, 2011, the Defendant made a false statement to the same effect as the statement in paragraph (1) to the victim before the victim’s residence, and received from the victim the amount of KRW 9.3 million (the amount calculated by deducting the interest of KRW 400,000 and the interest of the existing obligation) from the victim’s place of residence.

2. The judgment of the court below is based on the following: (a) the court below borrowed money from another person in excess of the debt or in an economically difficult situation; and (b) the loan used to use the borrowed money to become an economic situation; and (c) the business is operated.