The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor to the gist of the grounds for appeal, the Defendant is the victim Hyundai Capital Co., Ltd. (hereinafter “victim”).

Although the court below acquitted the victim company of the facts charged, the court below erred in the misapprehension of facts, since the court below acquitted the defendant of the facts charged.

2. Determination

A. On June 9, 2015, the Defendant applied for a loan to the employees in charge of lending the victim company at the victim Gwangju Branch Office located in the sixth floor of the 80 Hyundai Capital Capital Building, Seo-gu, Seo-gu, Gwangju, for a loan to the effect that “the employees in charge of lending the victim company shall pay KRW 21 million each 890,333 won each month on 39 occasions when lending the victim company.”

However, in fact, the Defendant was at the time at KRW 290,000,000,000 for the Defendant’s debt borrowed from the branch, and the Defendant was additionally loaned KRW 86,955,00 from other financial institutions on June 9, 2015, and thus, the Defendant did not have the intent or ability to pay the principal and interest of the loan to the victim company normally.

As such, the Defendant, by deceiving the employees in charge of the victim company, received 21 million won from the victim company to the account in the name of the defendant on the same day as the loan from the victim company.

B. In light of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, the lower court determined that, at the time of concluding a loan contract for KRW 21 million with the victim, the Defendant received fixed benefits to the extent that it can be paid monthly installments of KRW 890,333 of the above loan contract at the workplace, in consideration of the above financial situation of the victim, the victim company provided credit loans to the Defendant for KRW 21 million, and thereafter, it cannot be ruled out that the Defendant could not pay the above monthly installments to the victim company while the Defendant retired from the workplace.