The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (misunderstanding of facts) and the statement of the Defendant and F, it is reasonable to deem that the Defendant’s conclusion of an installment loan contract with the victim under the name of the Defendant Co., Ltd. constitutes a crime of fraud, since the actual party who received installment loans from the injured party and purchased the HG only car is F, and the loan was paid by F.

Nevertheless, the judgment of the court below that acquitted the defendant on the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who operated a mutual company E, which aims at the manufacture of interior households, with the aim of manufacturing interior households, and F is a person who operated a mutual company G, which is a “stock company”.

On November 27, 2013, the Defendant and F obtained a installment loan from Defendant E, a company operating the Defendant, and purchased HB-low passenger cars (hereinafter referred to as “the instant passenger car”), as if they would pay the loan from E, and at the time of the victim’s KB- Capital contract, the name of the victim is “Korea Telecommunications Co., Ltd.”

The second installment contract was concluded between the departments.

However, in fact, not purchasing the above vehicle in E, but purchasing the above vehicle with installment loans by F, but as F was difficult to obtain an automobile installment loan due to low credit rating, the Defendant applied for an installment loan to the victim by borrowing only the name of E corporation operated by the Defendant.

Ultimately, the Defendant, in collusion with F, received KRW 15,00,000 as a loan from the victim on November 17, 2013 from the victim, by deceiving the victim as above, and acquired it by fraud.

B. The lower court’s judgment is that the prosecutor bears the burden of proving the facts charged in a criminal trial, and that the recognition of guilt is room for a reasonable deliberation by a judge.