The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged even though the Defendant could be found to have had no ability to repay and had the criminal intent to obtain fraud at the time of the instant

2. The evidence duly adopted and examined by the lower court and, in particular, the Defendant expressed his intent to use the borrowed money for purposes other than the electricity tax by stating to E that “it would be good if the borrowed money would have been lent KRW 10 million to Kim, although he was pushed down with the electricity tax of KRW 7 million,” and thus, the Defendant used the borrowed money for purposes other than the electricity tax (the page of the trial record 86 pages), and the Defendant used the borrowed money for purposes other than the electricity tax.

the defendant had the intent to deception the use of the borrowed money.

Examining the lower judgment in light of the circumstances, such as the fact that it is difficult to see it, the lower court is sufficiently acceptable to have rendered a not-guilty verdict on the facts charged on its grounds as stated in its holding.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

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.