The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) victim M and E respective statements are more reliable than the legal testimony of investigative agencies.

According to the above person's statements and G's consistent statements, the fact that the defendant deceivings the victim can be acknowledged, and the assets claimed by the defendant were insufficient enough to repay because of the lack of actual cashization.

shall not be effective.

Therefore, although the facts charged of this case can be found guilty, the judgment of the court below which acquitted the defendant is erroneous by mistake.

2. We examine the judgment of the court below by comparing it with the evidence lawfully adopted and examined, and examine the following circumstances acknowledged by the evidence, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the prosecutor.

shall not be deemed to exist.

Therefore, prosecutor's assertion is not accepted.

(1) It is difficult to readily conclude that the testimony made by M and E with an investigative agency is more reliable than the testimony made in good faith.

In particular, the statements of M's investigative agency who filed a complaint with the defendant were reversed by many important parts in the court.

Therefore, unless there is objective and clear evidence, only the statement of the investigative agency reversed by the court can be reliable.

It is difficult to see it.

② The Defendant, while lending KRW 60 million to G, was secured by benz vehicles. It seems that the Defendant borrowed KRW 60 million from E as security by using this vehicle.

In addition, the Defendant borrowed 60,000,000 won from E with the money received from M and left as security.

Such money and vehicle flow, the defendant can recover the motor vehicle assigned to E as security if he/she has fully repaid KRW 60 million (the motor vehicle is returned to G), so even if he/she intends to return the motor vehicle to G, he/she shall receive the return of KRW 60,000 or more interest.