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The prosecutor's appeal is dismissed.
Reasons
1. The defendant is guilty of fraud in light of the following facts: credibility of the statement made by the victim of the gist of the grounds for appeal is acknowledged; the defendant was not capable of paying the debt amounting to KRW 190 million at the time of the instant case due to his debt amounting to KRW 190 million; the situation of debt was not notified to the victim; the defendant discontinued his/her business for ten months only and discontinued his/her business and applied for bankruptcy and
2. For the reasons indicated in its reasoning, the lower court determined that the Defendant had the intention to defraud the money by deceiving the victim even though the Defendant was unable to repay at the time of the instant case.
It is difficult to conclude it.
In light of this, the lower court acquitted this part of the charges.
In addition to the circumstances indicated by the lower court, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, ① the Defendant’s actual obligation at the time of the instant case is equivalent to KRW 74 million (Article 1 subparag. 8 of the evidence record; page 23 of the trial record); and ② the victim stated in the lower court that “the Defendant was unable to provide security against the Defendant; and that he lent E with trust and trust.”
shall not be deemed to exist.
Therefore, the judgment of the court below which acquitted the defendant is just and acceptable, and there are no errors in the misapprehension of facts as alleged by the prosecutor, and the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the “victim C” in the 5th page of the judgment below is obvious that it is a clerical error in the “victim D,” and it is corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.)