The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is from the investigative agency to the court of the court below, “The defendant and the two were locked from the drinking house after drinking alcohol, but there was no wall or mobile phone due to the following day.

There is no permission to lend money to the defendant or to use a check card.

“The Defendant and the victim have consistently made a statement to the effect that the Defendant and the victim have a relation of lending money worth KRW 4 million to the Defendant with a lapse of three times after the first delivery at the construction site prior to about one year prior to the instant case.

In full view of the fact that it is difficult to see that the Defendant released all of the remaining balance of the victim’s physical card and the Defendant lent all of the remaining balance of the victim’s physical card to the Defendant, the victim’s statement is extremely high in credibility.

H, the president of the Egypt (D) of the Egypt (D), in which the instant case occurred, did not have any fact that the victimized person paid money to the Defendant or withdrawn money by making a card.

“The statement was made.”

In addition, one H rejected at the investigative agency “the victim sent a e-mail card to B and then released 20,000 won.”

The defendant was deprived of the victim and went back to the toilet, and he went out of the toilet, and there is money.

In other words, they drink together with the victim by changing alcohol.

After that, the defendant calculated the drinking value of KRW 500,000 and went out of the drinking house.

The victim was under the influence of alcohol and there was no cellular phone in the aftermath of diving in the alcohol house.

was made.

“The Defendant stated to the effect that the check was withdrawn from the account of the victim connected to the instant physical card, and considering that the Defendant’s password was known to the said H by the victim.