The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, through misunderstanding of facts or misunderstanding of legal principles, borrowed money from the victim while preventing the so-called return of the existing debt with a new debt in a situation where it is difficult for him to repay the existing debt with his own own ability, and borrowed money from the victim as if he concealed such circumstance and had the ability to repay.

Therefore, criminal fraud is established against the defendant.

B. The lower court’s sentence (two months of imprisonment and two years of suspended execution) imposed on a special injury by an unfair sentencing judgment is excessively uneasible and unfair.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged of the instant case stated that, around May 21, 2009, the Defendant at the “Gusm room” operated by the Victim F in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, that “The Defendant entered a large amount of money to carry out an election campaign by the son, a stable player. If the Defendant borrowed money, he/she will pay the interest every month plus two copies of the interest.”

However, in fact, the Defendant had to pay the principal and interest to financial institutions and individual creditors at the time, and the Defendant had to pay the expenses and rents for the health center operation operated by the Defendant. Around around 2008, the Defendant had already borrowed KRW 2,099,000 to the victim, and the Defendant had no particular property and had no intention or ability to repay the money even if it was borrowed from the victim.

Nevertheless, the Defendant received 2,270,000 won in total from around 10 times to January 16, 2015, as well as from around 2,2560,000 won from the victim’s bank to the account in the name of the Defendant on the same day.

Accordingly, the defendant acquired property by deceiving the victim.

B. According to the records of the judgment of the court below, the defendant operated the health center on the side of the beauty room operated by the victim from around May 2008, and operated it from the victim.