The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal reveals that the sales of D Co., Ltd. (hereinafter “D”) operated by the Defendant from around 2009 to the point that it was difficult for the Defendant to take out a large amount of funds from F, etc. from around 2010 to the point that it was difficult for F, etc. to borrow a large amount of KRW 1 billion in order to operate the company, the Defendant, even though he did not have the intent or ability to repay the borrowed money, is well-known by the company.

I is recognized to have borrowed KRW 30 million by deceiving I.

Nevertheless, the court below acquitted the charged facts of this case, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the head of Guro-gu Seoul Metropolitan Government Building C and D, 206.

The Defendant had a debt of KRW 50 million borrowed from a financial institution, E, F, G, or H, and the Defendant did not have an intent or ability to repay the above borrowed money, even if it borrowed money from I due to the lack of financial resources and company operation expenses, due to the lack of profit in operating D.

On December 3, 2011, the Defendant would pay 18% interest each year on the loan of money to I in D office.

“A false representation was made.”

The defendant deceivings I as above and then acquired 30 million won from I at the same time and place as the above.

B. The lower court determined: (a) the primary motive that I lent money to the Defendant was due to F’s solicitation; (b) F loaned a total of KRW 70 million from October 201 to February 16, 201 prior to I; (c) from July 201, to July 2012, F was paid the same amount as the first agreed upon from Defendant to September 201; (d) but I was paid the amount as interest per month from September 201 to September 2012; and (e) thereafter, he was paid the amount that does not receive ordinary interest and does not reach interest on several occasions; and (c) was paid the amount that was paid once.