The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) even if the victim did not have interest in the purpose of lending money, such as the victim’s statement, the victim lent money to the victim with beliefing the Defendant’s intent and ability to repay. Even though the Defendant was in bad credit standing and did not have any particular property or income, the Defendant deceivings the victim as if he had the intent and ability to repay by using the existing trust relationship formed through continuous monetary transactions between the Defendant and the victim, and the victim borrowed money to the Defendant, and thus, the relationship between the Defendant’s deceptive act and the victim’s disposal may be recognized.

2. Determination

A. The summary of the facts charged is that the Defendant: (a) on December 2, 2013, at “F Singing practice hall run by the victim E” operated by the victim E in Ulsan-gun, Ulsan-gun, Ulsan-do; (b) “The business in Seoul is likely to yield a significant profit; and (c) the funds are insufficient.

If a loan is made with money, it will be repaid at a rate higher than the bank interest.

“The phrase “ was false.”

However, the Defendant acquired real estate in the name of a juristic person, purchased real estate in the name of the juristic person, and did not repay the loan by illegal means, such as appraisal price pooling, and did not begin with the funds to take over the juristic person. The Defendant was thought to have borrowed money from the damaged person to use it as Defendant’s living cost, etc. In short, even if he did not borrow money from the damaged person due to lack of any property or income under the bad credit standing at the time, there was no intention or ability to repay it.

Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) under the name of the victim, to the Agricultural Cooperative Account under H’s name as a loan from the victim; (c) KRW 20 million on December 2, 2013; and (d) KRW 25 million on February 28, 2014; and (e) the same year.

8.3.2