The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant was insolvent at the time of the loan in this case, the operation of the restaurant in this case was proper, and the Defendant was in an unstable position in the operation of the restaurant in Japan due to the absence of employment visa, and the Defendant was aware of the intent of fraud at the time of borrowing money from the injured party, but the lower court acquitted the Defendant of the facts charged in this case, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant, from around October 2008, operated the “C cafeteria” (hereinafter “instant cafeteria”) in the Kakao City of Japan from around October 19, 2007, he had no specific property, such as having been declared bankrupt at the Seoul Central District Court on October 19, 2007, and the above cafeteria had already been sealed with the rent of 80,000 U.S. ( approximately eight million won) before opening the cafeteria. The Defendant was unable to fully pay rent of 1 million won as a deficit even after opening the cafeteria business, and the Defendant was unable to receive rent of 2.8 million won from the victim at any time during his stay in Korea without being issued a visa and received money from the victim at least 2.1 million won in total from the victim’s 2.8 million won in the name of the cafeteria and delivered the money to the victim at around November 4, 2008 (hereinafter “2.8 million won in the name of the victim”).

The victim shall be a victim by falsely stating that he/she shall certify the balance of the head of the Tong and shall be repaid until after the month when he/she loans money necessary for this 2 million UN (A. 20 million won).