The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

In light of the statement made by the defendant at an investigative agency and the details of the account transaction of the defendant, etc., the defendant deceivings the victim as if he/she had the intent to repay and ability to repay even though he/she was economically lacking.

Nevertheless, it has not been proved that there was a deception on the payment ability, etc. by the defendant.

The lower court erred by misapprehending the facts.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court below, the following facts are acknowledged. The defendant's economic situation at the time of each of the loans in this case seems to have not been good.

According to the account transaction records of the Defendant around March 27, 2017 and March 28, 2017, most of the credit cards payment, remittance to an individual after deposit of KRW 10 million from the injured party on March 28, 2017. On April 3, 2017, the card payment, installment payments, remittance to an individual, cash withdrawal, etc. were used in entirety within one year after deposit of KRW 20 million from the injured party on April 3, 2017 (Evidence No. 122-124 of the evidence record). The Defendant owed approximately KRW 33,80,00 to the financial institution or lending enterprise on March 27, 2017 (Evidence No. 17), and around March 3, 2017 (Evidence No. 3500,500,000 won (credit information No. 17) debt No. 1385,50,000 won (hereinafter referred to as “H”).

On February 2, 2018, Part H (State) assigned the Defendant’s claim against I (State) (the trial record 152 pages). The accurate amount is difficult to calculate, but it was also liable for the Defendant by repeating the loan and repayment to many people.

On April 10, 2017, the Defendant issued a loan certificate stating that “The Defendant shall pay interest of KRW 30,000,000 per month to the victim, and the KRW 10,000,000 among them shall be repaid until June 27, 2017.”