The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of a mistake of facts (not guilty part) consistently stated that he/she lent money to the defendant that he/she believed that he/she is a decent re-fluence, since he/she had consistently followed the words of emphasizing the reputation from the defendant.

In the end, when the victim did not know the defendant's financial ability properly, the defendant believed that he would temporarily request the lending of money, and he borrowed money for the purpose of obtaining interest income in a short period, and the defendant deceivings the victim about his financial ability.

The Defendant, while carrying out various businesses without one’s own funds, borrowed money from a victim to repay the existing debt without any proper execution, and thus, the Defendant could be deemed to have had failed to do so at the time of borrowing the money.

Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted the Defendants of the charges No. 3-10, 13-17, No. 3-17, a year of crime sight table as indicated in the lower judgment and thereby adversely affected the

B. The sentence of unfair sentencing (the original judgment recognized only the charges Nos. 1, 2, 11, and 12 as stated in the judgment of the court below as guilty and sentenced two years of suspended execution to October) is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the lower court found the Defendant guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone, even though the Defendant did not have any intent or ability to repay the borrowed money, was insufficient to recognize that the Defendant received money as above as stated in No. 3-10, and No. 13-17 of the crime sight table as indicated in the lower judgment, and found the Defendant not guilty of this part of the facts charged. 2) The establishment of fraud by defraudation of the borrowed money through the judgment of the lower court should be determined at the time of borrowing.