The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (fact-finding) victim's statement in the prosecutor's office and the court of the court below, the defendant's statement in the prosecutor's office, etc., it can be sufficiently recognized that the defendant acquired a total of 60 million won from the victim as a loan.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the charge of fraud on the ground that the evidence presented by the prosecutor alone cannot be deemed as having proved without any reasonable doubt that the Defendant acquired money from the victim, and that there is no other evidence to recognize it.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.