The prosecutor's appeal is dismissed.

1. Summary of the Reasons for Appeal: According to various circumstances acknowledged by the evidence submitted by the prosecutor, such as misunderstanding of facts: (a) the defendant bears the obligation equivalent to KRW 30 million at the time when he/she borrowed money from the victim; (b) there was no special revenue or property; (c) there was no revenue from the operation of the party branch; (d) the transfer of the party branch and the transfer of the party branch are used for the repayment of personal obligations; and (e) the victim did not fully repay the amount to the victim; and (b) the fact that the defendant received KRW 35 million from the victim without the intent or ability to repay the amount as stated in

2. The lower court determined that, on the grounds indicated in its reasoning, the Defendant cannot be deemed to have proved to the extent that there is no reasonable doubt as to the fact that the Defendant had a criminal intent to acquire money from the victim at the time of borrowing money from the victim.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and it is not recognized that there is an error of mistake of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.