The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim C has consistently lent 6.4 million won to the defendant.

At the time of withdrawal of money from the account, the Defendant expressed the amount of money paid to the head of the Tong. Since G and D stated that the amount loaned from the damaged person to the Defendant would be KRW 7 million, the victim could be found to have lent the sum of KRW 1 to 15 million in the annexed crime list, the judgment of the court below which acquitted the Defendant of this portion is erroneous.

B. The sentence of the lower court (4 months of imprisonment, 2 years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant did not have any intent or ability to pay money, even if he/she borrowed money from others, since he/she retired from his/her place of work and returned the application of the recipient of basic living expenses.

In doing so, the Defendant, around October 1, 2010, borrowed the victim C with the mutual influence in U.S. located in U.S., U.S., U.S., U.S., U.S., U.S. (U.S.) of U.S. on October 1, 201.

The phrase “ makes a false statement.”

The Defendant received 300,000 won from the injured party as the borrowed money, and the Defendant received 3,40,000 won in total over 15 times as between around that time to September 18, 2012, e.g., [Attachment List Nos. 1 through 15] in the same manner.

Accordingly, the defendant was given property by deceiving the victim.

2) As the judgment of the court below on the assertion of mistake of facts, the victim C’s statement that he lent the above money to the defendant is difficult to believe because it does not coincide with the statement of the loan certificate that he borrowed money to the defendant, and the victim C entered the name of the defendant in the next page of the statement of withdrawal of the passbook on the date stated in the above facts charged.