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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds of appeal is that the victim partially reversed the statement at the time of borrowing, but it is merely correct to correct the mistake of memory, and in light of other evidence, the court below erred by misapprehending the facts charged in this case and thereby affecting the conclusion of the judgment.
2. Determination
A. A. A summary of the facts charged 1) On January 2010, the Defendant made a false statement to the effect that, if the Defendant lent KRW 10 million to the victim E-house located in Dong-gu Incheon Metropolitan City, the Defendant would be repaid without any molding three months after the lapse of 2% interest per month. However, the Defendant did not have any intent or ability to repay even if he/she borrowed money from others because he/she was living alone without any specific income. The Defendant was issued from the victim, namely, i.e., e., KRW 10 million from the victim E-house of the victim, as stated in the foregoing paragraph (1), and around January 2010, the Defendant would make a false statement to the effect that “if he/she borrowed KRW 10 million to the victim, he/she would be repaid at KRW 20 million as a lump sum.”
However, the defendant did not have any intention or ability to complete the repayment, even though he borrowed money from others on the grounds as stated in paragraph (1).
The Defendant received 10 million won as a loan from the victim, i.e., the victim. at the seat.
B. On the grounds delineated below, the lower court acquitted the Defendant on the ground that the instant facts charged constituted a case where there is no proof of crime.
The evidence submitted by the prosecutor alone is insufficient to recognize that the defendant borrowed a total of KRW 20 million from the victim twice on or around January 2010, and there is no other evidence to prove otherwise.
Rather, the following circumstances acknowledged by the record of the instant case, i.e., (i) the victim submitted a written complaint on April 11, 201, and (ii) the Defendant submitted a written complaint on April 11, 201, together with KRW 10 million on two occasions around January 201.