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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles and misunderstanding the legal principles on the facts charged of the fraud of this case, which acquitted the part on the fraud of KRW 900,00 on June 7, 2008 and KRW 1.8 million on June 13, 2008. However, the court below rejected the victim E’s statement on the name of the lending of the fraud without reasonable grounds, and erred by misapprehending the defendant’s intent to repay and ability to repay, which affected the conclusion of the judgment.
In other words, although the victim E clearly stated that the money remitted to the defendant prior to the time when it was drawn up a loan certificate was lent as a full-time loan, the judgment of the court below is insufficient to regard the above money as a full-time loan. ② The victim E did not lend the money to the defendant if the defendant knew that he would have used the loan in gambling, and the defendant did not have any particular property at the time, and the defendant had been in bad credit standing since 2004, the court below found the defendant to have been sufficiently aware of his intention to repay and ability to repay, but the court below found the defendant guilty of the above facts charged.
B. The judgment of the court below on the grounds that the sentence imposed on the defendant (the fine of KRW 5,00,000) is too uneasible and unfair.
2. Judgment on misconception of facts or misapprehension of legal principles
A. On June 7, 2008 and June 13, 2008, among the facts charged of the fraud of this case, the Defendant made a false statement to the victim E in the location of the D cafeteria located in Seocho-gu Seoul on June 2, 2008, stating that “If the Defendant lends money to the victim E as soon as it is urgently required to purchase the deposit house, he would not pay the monthly interest and pay it by October 30, 2008.”
However, even if the defendant borrows money from the victim, the defendant does not use it as the kn's charter fund.