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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is recognized in full view of the following facts: (a) the victim borrowed money from the Defendant to hear the same remarks as indicated in the facts charged; (b) the Defendant prepared a letter of payment to the victim; and (c) the Defendant used the damaged money for personal purposes, not business operation funds, unlike the details notified to the victim; and (d) the Defendant acquired money by deceiving the victim in exchange for borrowing KRW 32 million.
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Summary of the facts charged in this case
A. On February 22, 2017, the Defendant concluded on February 22, 2017, that “A” in the store of “D” operated by the Defendant located in the Yangcheon-gu Seoul Metropolitan Government Apartment Building Co., Ltd., and that “A” was false to the victim F, who was known through E in charge of the foregoing D ice C’s business, would establish a corporation for D ice C business, and would receive a loan from the Small and Medium Business Corporation after the establishment of the corporation and return the principal after three months, and instead pay the interest amount of KRW 100,000,000 as the monthly salary from June 2017 to June 2017.”
However, at the time of fact, the Defendant was in arrears due to a loan of KRW 400 million and a loan company. On November 9, 2015, the Defendant had not been able to receive additional loans from the Small and Medium Business Corporation on the ground that he had already been granted a loan of KRW 100 million from the Small and Medium Business Corporation but failed to repay the loan. Therefore, the Defendant did not have any intent or ability to repay the loan even if it borrowed money
As above, the Defendant, through the I Bank Account (J) in the name of H on February 22, 2017, by deceiving the victim and deceiving it from the victim, shall be KRW 15 million as a loan, and the same year.
3.15. The same.