The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) does not submit any evidence as to the fact that the defendant was engaged in the business of cutting off, and the defendant stated that he was unable to pay or pay the profit by carrying out the business of cutting off, etc. In light of the fact that it is apparent that the defendant's intent or ability to pay the defendant at the time of each of the loans in this case was insufficient, and therefore, the fact that the defendant acquired the borrowed money by deceiving the victim

Nevertheless, the court below acquitted the Defendant of the facts charged of this case, and erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged on the grounds that it is difficult to recognize that the Defendant had no intent and ability to repay the debt owed to the victim.

B. The legal principle of fraud in the appellate court’s judgment 1 is established when a person deceptions another person, thereby omitting his/her dispositive act, thereby obtaining property or pecuniary benefits. As such, there should be causation between deception, mistake, and property disposal act.

Whether a certain act constitutes a deception that causes mistake to another person, and whether such deception and property disposal act have causation should be determined generally and objectively in consideration of the circumstances of the transaction, the other party's knowledge, character, experience, occupation, and other specific circumstances at the time of the act.

In addition, whether fraud is established by satisfying the above requirements should be determined based on the time of the act.

Therefore, in a loan for consumption, if the lender was aware of the credit standing of the borrower, and thus, could have predicted or could have sufficiently anticipated the risk of delay or impossibility of repayment in the future, the borrower will make a specific repayment at the time of the loan.