The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the court below acquitted the defendant of the fact that the defendant made a false statement that he would use it in the security deposit for the victim and acquired 30 million won from the victim, the court below erred in the misapprehension of facts.

2. Around September 2017, the Defendant was working as an employee at the inside room of the trade name “C” located in Masung City B, and the victim D (year 41) visited the inside room as a customer and became aware of the Defendant.

On September 2017, the Defendant, at a place where it is impossible to know the place where a police officer cannot know, concluded that “the victim is raising the disabled children in the telecom room, and the place where they can live together shall not be left. If the Defendant borrowed the loan of KRW 30 million in four names to be used as a pre-tax fund, then the Defendant would have paid 2.8 million in 12 times a month thereafter.”

However, even if the Defendant borrowed the above money from the victim, it was planned to use the money for the purpose of repaying the above debts, not for the security deposit, because the sum of the debts borrowed from the beneficiary and the bond company was 70,000,000 won. Since there was no particular property or income, there was no intention or ability to repay the money even if the Defendant borrowed the above money from the victim.

Accordingly, around September 24, 2017, the Defendant, by deceiving the victim, received KRW 3 million in total from the victim to the Agricultural Cooperative Account (E) under the name of the Defendant, and received KRW 27 million in total as the remainder of the same account from October 11, 2017.

3. Determination

A. In full view of the circumstances stated in its reasoning, the lower court acquitted the Defendant on the ground that the facts charged in the instant case constituted a case where there is no proof of crime, and its primary purpose is ① the victim lending money to the Defendant.