The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant is liable to pay the loan of this case to the actual operator of the J Co., Ltd. (hereinafter “J”) and the circumstances in which the J at the time did not have the ability to pay are sufficiently recognized.

Therefore, according to this, there was a criminal intent to obtain fraud from the defendant.

However, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Based on its stated reasoning, the lower court determined that the Defendant was unaware of the fact that the Defendant borrowed the instant money from the damaged person, and even if the Defendant was aware of the fact that the instant money was borrowed, the Defendant did not pay the instant loan due to various contingent circumstances or liability disputes arising ex post facto, even though the Defendant was capable of being able to repay the money at the time of maturity, due to the Defendant’s awareness of the fact that the money was borrowed.

There is room to see that the facts charged in this case cannot be viewed as proven without reasonable doubt, and the defendant was acquitted.

The judgment of the court below is examined in comparison with the relevant legal principles and records, and the prosecutor argues that the decision of the court below is only a matter of the ability to repay the defendant in this case for the reason of appeal, and that it is irrelevant to the ability to repay the defendant to the person who actually operates the J. However, the charges of this case also stipulate that the defendant did not have the ability to repay with respect to the criminal intent of the defendant, and that the victim has trusted the defendant's financial ability to pay, and therefore the existence of the defendant's financial ability is an important factor to consider whether the defendant's financial ability to pay is recognized as the criminal defendant's criminal intent