The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (misunderstanding of facts), although the court below found the defendant not guilty of the facts charged of this case, it erred in the misapprehension of the fact that the court below found the defendant not guilty of the facts charged of this case, even though the defendant did not have the intent and ability to pay the borrowed money or to pay the borrowed money at the time of borrowing the money from the injured party or joining the fraternity, and

2. Determination

A. Summary of the facts charged in the instant case 1) The Defendant: (a) around March 2010, the Defendant: (b) at the time of the Hamman in Seoul, the Defendant: (c) held the victim D with the land of his father of his clan “I return to her natives; and (d) held the father of his clan in his clan.

In addition, in order to find the father's land, it is necessary to pay for the appointment of the lawyer.

The principal shall be paid up to November 2010 with the loan of 20 million won to the attorney-at-law appointment fee and the interest of 2% per month and the principal shall be paid up to November 2010.

“A false representation was made.”

However, even if the party borrows money from the injured party, it was thought that it will be used for other purposes, such as personal subscription money, and since there was no particular property or revenue source, there was no intention or ability to pay the money normally even if it was borrowed from the injured party.

Defendant deceiving the victim as above and was transferred to the national bank account in the name of Defendant KRW 10 million on March 26, 2010, and KRW 10 million on March 29, 2010 to the national bank account in the name of Defendant.

B) On July 201, 201, the Defendant borrowed KRW 20 million to the said victim from a member of the Haman in Seoul Special Metropolitan City on July 201, 201, with interest of KRW 20 million on a face-to-face loan of KRW 20 million, and paid up until December 201.

“A false representation was made.”

However, in fact, at the time, the debts owed to the lending company was about 70 million won, and the expenses paid with interest on loans and credit card bills are about 12 million won per month, while the expenses paid with interest on loans are about 12 million won per month, and even if there is no particular property or source of revenue and borrows money from the damaged party.