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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is recognized in light of the fact that the defendant alleged that the above amount is an advance payment and did not change it by seven years after borrowing KRW 300 million from E even though the defendant promised to repay it within one month.
In addition, the defendant did not have sufficient means to repay the above money because he was in a bad credit condition at the time of borrowing and did not have any property or income.
Nevertheless, the first instance court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding not guilty of the facts charged in this case.
2. In full view of the facts and circumstances acknowledged by the evidence duly admitted and investigated, the first instance court found the Defendant not guilty of the facts charged in the instant case on the ground that it is difficult to view that the Defendant was guilty of obtaining KRW 300 million from E, and that there was a criminal intent to obtain KRW 300 million from E at the time of borrowing KRW 300 million from E, or that E was granted KRW 300 million by mistake due to deception from the Defendant.
1) We examine the first instance judgment in comparison with the evidence, and examine the following circumstances acknowledged by the evidence and the circumstances in which evidence to prove the facts charged in the instant case was not submitted in the first instance trial, the Defendant’s lending KRW 300 million to E and using it only for one month and return it.
The phrase means that the defendant only delivered the contents of the defendant'sO and it is difficult to see that the defendant deceivings the defendant, and even E was aware that the above KRW 300 million was used by the O, and the O was judged to have repaid the above amount, and it was intended to lend money or recover the above borrowed money from the defendant with trust in the self-reliance of the defendant's individual's repayment.