The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not have the intent or ability to repay the borrowed money to the victim company with the financial capability at the time of borrowing the instant money from J Co., Ltd. (hereinafter “victim Company”).

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged in this case is that the Defendant registered and operated a business operator under the name of F, who is the actual representative director of the (ju)C established for the purpose of dental business, etc., from May 19, 201 to May 19, 201, the name of F, “E” in Seoul Gwangjin-gu, and from April 24, 2012 to Dongdaemun-gu, Seoul, as an employee I, the mutual title of “H” in the name of a business operator. The facts are due to the fact that the sales performance of the said place of business was poor to the extent that the employee’s monthly pay or the monthly rent of the previous liquor was insufficient, and there was no intention or ability to normally repay the liquor to the existing alcoholic beverage supplier, even if having borrowed money from other persons.

Nevertheless, the Defendant, at the coffee shop located in Dongdaemun-gu Seoul Metropolitan Government, around August 2012, loaned KRW 28 million to K, the vice president of the victim company (J), to K, the vice president of the victim company (J), while hidinging the above facts, and loans KRW 1.4 million each month from December 4, 2012 to July 4, 2014 to KRW 20 million each month from H, and from December 4, 2012 to repay KRW 20 million each month from December 4, 2012 to September 4, 2013, the Defendant would be able to enter into an alcoholic beverage supply contract with the affiliated member shop under its internal control.

“Falsely concluding a loan contract with the victim company on October 31 of the same year and then receiving KRW 15,000,000 on the same day from the victim company, and KRW 4,670,545 on November 6, 2012 from the victim company to the I’s account in Korea, respectively, and on November 27, 2012.