The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts that the defendant deceivings the victim without the intention or ability to repay, but the court below acquitted the defendant. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

2. Examining the evidence of this case in detail in light of the records, the lower court, on the grounds stated in its reasoning, acquitted the victim about his/her intent and ability to repay.

It is reasonable to conclude that it is difficult to conclude that the victim gave five million won a loan by deceiving the defendant, and thus, the measure that judged the defendant not guilty of the facts charged in this case is reasonable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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

(However, since the facts charged in the judgment of the court below are clear that the monthly salary of 1.1 million won is a clerical error in the “monthly salary of 1.2 million won,” it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.