The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) is sufficiently anticipated that the Defendant is unable to repay the borrowed money within the time limit which the Defendant promised to borrow money from the complainant C, and thus, it should be deemed that the Defendant borrowed money from the beginning without the intention or ability to pay the borrowed money.

In addition, even though the court below determined that there was no specific agreement on the method of repayment of borrowed money, it can sufficiently recognize that there was an agreement such as the statement in the facts charged when the complainant makes a statement.

Nevertheless, the court below found the defendant not guilty solely for the reasons stated in its judgment, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. In a criminal trial, recognition of a criminal facts ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). 2) insofar as the criminal intent of defraudation, which is a subjective constituent element of a criminal offense, is not a confession of the defendant, the determination ought to be made by taking into account objective circumstances such as the re-performance, environment, details and content of the crime, and the process of performing transactions, etc. of the defendant before and after the crime.

On the other hand, whether fraud is established through the acquisition of property profits, such as the money borrowed or the act of taking an obligation, shall be determined at the time of the act, and it shall not be punished as a crime of fraud on the ground that the performance of the obligation, such as repayment of the borrowed money, is impossible due to changes in economic conditions after the

B. (See, e.g., Supreme Court Decision 2005Do1531, Apr. 29, 2005).