The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is as follows: (a) at the time of the charge of this case, the Defendant was liable to the Solomon Savings Bank for a debt of KRW 15 million with the Defendant’s branch and five million with the Defendant’s debt of KRW 5 million with the Defendant’s branch; and (b) the Defendant was granted a loan of KRW 12 million with the Defendant’s own 3 million with the Defendant’s own 3 million loan from the Victim Company in addition to the Victim Company; and (c) used it for the payment of the existing debt or for the cost of living; (d) even if the principal and interest on the monthly repayment to the Victim Company is over KRW 191,00,000, with the Defendant’s loan of KRW 1,5 million with the Defendant’s occupation at the time of the Defendant’s occupation, the lower court erred in the misapprehension of legal principles as to the charge of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. According to the court below's legal statement and the prosecutor's protocol of suspect examination of the defendant against the defendant, the certificate of deposit, the certificate of deposit certificate, customer president and loan standing statement attached to this case, the detailed information on Korea-Japan, the list of individual rehabilitation creditors, the monthly average revenue calculation basis data), the investigation report (in relation to the attachment of documents to be submitted by the defendant), and the investigation report (in relation to the use of loans), the defendant was liable for loans of about 15 million won to Soloin Savings Bank, and the defendant was liable for loans of about 5 million won to Soloin Savings Bank, and the defendant was also liable for loans of about 5 million won to the branch. ② On the date of receiving the loan of this case, the victim company, other than the victim company, also.