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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is as follows: (a) at the time of the instant loan, the Defendant had no intention or ability to repay to the Defendant at the time of the instant loan, in full view of the following: (b) the Defendant assumed the Defendant’s liability for KRW 7 million to the lending company; (c) the Defendant retired from the company working immediately after the instant loan; and (d) the Defendant did not fully pay the interest on the loan in addition
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The lower court determined that the evidence submitted by the prosecutor alone did not have the intent or ability to repay the Defendant at the time of the instant loan.
It is not sufficient to recognize the recognition.
In light of the facts charged, the charges were acquitted.
According to the records, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.