The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the mistake of facts, E, K, etc., and each loan certificate prepared and delivered by the victim E from the Defendant, the lower court acquitted the Defendant of this part of the facts charged on the grounds that the Defendant received money from the victim as stated in the attached Table 2 attached to the judgment of the lower court, as the loan money attached to the judgment of the lower court.

B. The sentence imposed by the court below on the defendant (two years of a suspended sentence in August) is too unhued and unfair.

2. Determination

A. In a misunderstanding of facts in a criminal trial, the burden of proof for the criminal facts prosecuted is to be borne by the public prosecutor, and the conviction should be based on evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(1) In light of the above legal principles, the court below’s reasoning for innocence and the evidence duly admitted and examined by the court below based on the above legal principles is examined. In light of the above, the court below’s detailed statement in its detailed reasoning, and the E’s statement in the court below and the court below’s decision, K’s statement in the court below’s decision, K’s loan certificate of KRW 10 million as of October 10, 208, and the loan certificate of KRW 5 million as of October 23, 2009 (cash custody certificate) are difficult to believe or lack of credibility, and it is difficult to view that the above evidence alone alone proves that E lent money as stated in the annexed List 2 attached to the court below’s judgment to the extent that it is beyond a reasonable doubt, and there is no other evidence to acknowledge this portion of this.