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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) asked whether a micro enterprise support loan can be granted prior to the transfer of the industrial company of this case. The Gyeonggi Credit Guarantee Foundation was able to grant a loan of KRW 60 million or KRW 100 million according to the credit rating. The defendant transferred an industrial company with no problem in his/her credit standing, and the defendant believed that he/she believed the F's promise to arrange a loan. However, in light of the fact that the F made a statement with the prosecutorial investigator that "the defendant is able to know about the loan, but it was impossible to grant the loan from the beginning because of the low credit rating," the court below found the defendant not guilty.
2. Determination
A. On March 13, 2014, the summary of the facts charged in the instant case, the Defendant: (a) at the “D” office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) concluded that “D industrial company will take over KRW 120 million” to the victim E; (c) changed the name of the business operator within 30 days from the date of the contract; and (d) made a false statement that “a business operator will receive the loan and pay
However, in fact, the Defendant was unable to obtain a loan from a financial institution due to low credit rating, and there was no intention or ability to pay the purchase price promised to the victim.
The Defendant acquired the right of lease, goodwill, business property, etc. equivalent to approximately KRW 120 million of “D” from the victim.
B. The lower court found the victim not guilty on the ground that the Defendant’s credit rating was lower to the effect that, despite the knowledge that the Defendant’s credit rating was difficult to obtain a loan, F would have transferred the instant business to the victim with the view that F would have arranged the loan, the victim’s statement that the Defendant knew that credit rating was good, and believed that the loan would be reliable is difficult, and that there is no other evidence to acknowledge the facts charged.
(c).