The prosecutor's appeal is dismissed.

1. A summary of the grounds for appeal (misunderstanding the facts) is without saying that the L of a national bank, which was considered as one of the grounds for appeal, is possible to guarantee the Credit Guarantee Fund and to lend a national bank to the defendant.

L Rather, after the Defendant deposited KRW 200 million in the National Bank, L was difficult to lend the PF loans to the Defendant around June 2015.

Madern.

In addition, since the credit rating of the defendant's wifeJ is lower, the employee of the Korea Credit Guarantee Fund said that the actual manager would be the guarantor, and that the credit rating of the defendant who is the actual manager would be lower than J, and that the defendant would not be able to guarantee the Credit Guarantee Fund prior to the conclusion of the instant construction contract.

As can be seen, the Defendant is aware of the fact that it is impossible to guarantee the Korea Credit Guarantee Fund or to grant the National Bank PF loans at the time of entering into the instant construction contract, and paid the construction cost to the vice president F of the victim

Since a contract for construction has been concluded by falsehood, the intention of defraudation and deception are recognized.

However, the court below erred by misapprehending the facts, thereby making an act of disposal, such as entering into the instant construction contract, in which the defendant deceptions the victim company or the victim company was erroneously caused by the defendant's deception.

It is difficult to recognize

There is an error of judgment.

2. Determination

A. Summary of the facts charged in this case 1) The Defendant is a person who actually operates a construction company under the trade name of "D" in Gyeyang-gu Incheon Metropolitan City.

From February 2, 2014, the Defendant used the aforementioned company as a loan borrowed money for living expenses with no sales performance. The Defendant was not able to obtain a guarantee from the Korea Credit Guarantee Fund because it did not have good credit, except for bank loans. The Defendant extended a loan from a bank.