The prosecutor's appeal is dismissed.

1. In order to establish the crime of fraud of this case, the summary of the grounds for appeal (fact-finding or misunderstanding of legal principles) must be aware of the victim's plan, which the defendant tried to obtain loans from micro enterprises, and further, it should be proved that the defendant can transfer or sublease the right to lease to the commercial building of this case and received the proceeds of transfer or sub-lease from the victim, even though he knows that it is practically difficult to transfer or sub-lease the right to lease to the commercial building of this case. It is true that the victim's statement in the

However, in light of the fact that the victim who borrowed the loan of the interest rate and paid the acquisition price to the defendant has received a loan from a micro enterprise in order to repay the loan, and that for this purpose, the lease contract in the name of the victim and business registration are essential, so whether the right of lease or sub-lease is a very important contract condition for the victim, the court below rejected the statement of the victim and acquitted the victim by misunderstanding the facts through insufficient deliberation or by misunderstanding the legal principles.

2. In order to establish the crime of fraud in this case by recognizing the defendant's deception and fraud, it should be recognized that the victim's plan, which the defendant had tried to obtain a loan from a micro enterprise, was dolusently recognized, and further, it should be proved that it is possible to transfer or sublease the right to lease the commercial building in this case to the victim with knowledge that it is practically difficult to transfer or sublease the right to lease the commercial building in this case, and accordingly, the victim's statement in the court of the court below and the investigative agency should be

In this regard, not only the circumstances mentioned in the judgment of the court below but also the evidence duly adopted and examined by the court below.