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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant was present at the workplace at the time of the loan, but it was impossible to expect the continuous income due to the fact that the defendant was merely a part-time student, that he received and used the lease deposit provided as security to the victims without any notification, that the defendant was unable to repay the deposit of the existing loan principal, that the defendant was in the monthly salary of the victim, and that the defendant was in bankruptcy petition because it was not long after the loan, and that there was a petition for bankruptcy, the court below acquitted the defendant of each of the facts charged in this case, but there was an error of law by misunderstanding the facts or by misunderstanding the legal principles which affected the conclusion of judgment.
2. Determination
A. The summary of the facts charged in this case 1) The Defendant did not have any interest in addition to the monthly income of KRW 2 million, and the Defendant was required to pay the principal of KRW 57 million with the Defendant’s personal liability and the amount equivalent to KRW 1,200,000 per month with interest, and there was no intention or ability to complete payment even if he borrowed money from others.
Nevertheless, around June 16, 2016, the Defendant applied for a loan of KRW 3 million to a person in charge of the loan in the name-based loan office of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government-gu Seoul Metropolitan Government-based Incheon Metropolitan Government-based 30,000,000,000 won as security and paid KRW 66,00 per annum 27.9% per annum, and the principal shall be repaid by June 30, 2017.
The defendant deceivings the victim as above and transferred KRW 3 million to the bank account in the name of the defendant on the same day from the victim.
2) On June 16, 2016, the Defendant paid monthly interest at around 2016, on the part of the victim-in-fact employee in the victim-in-fact loan office located in Guro-gu Seoul, Guro-gu, Seoul, 30-gil 28,209, with the interest rate of KRW 27.9% on the loan of KRW 3 million, and paid the principal after one year.