The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (not guilty part) is sufficient to fully recognize the fact that the defendant deceivings C without intent and ability to repay the amount.

Nevertheless, the judgment of the court below which acquitted the victim C of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial against the board of directors, and the conviction should be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 94Do3309 delivered on April 12, 1996). The court below directly examined the victim C with the victim C, and found the defendant not guilty of the facts charged against the victim C while explaining the grounds for the judgment in detail.

In light of the records, the evidence duly adopted and examined by the court below was proved to the extent that there is no reasonable doubt as to this part of the facts charged.

Therefore, the judgment of the court below that acquitted the Defendant on this part of the facts charged is justifiable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.