The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be recognized that he had by deceiving the victim without the intention of repayment or ability of repayment as stated in the facts charged of this case, and acquired by deceiving 30 million won, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous and has affected the conclusion of the

Judgment

The court below found the Defendant not guilty on the ground that: (a) it is difficult to deem that the Defendant had no capacity to repay the instant loan to the extent that the Defendant could not repay the instant loan to the victim at the time of the instant case; (b) the Defendant operated an entertainment drinking house with H; (c) it is difficult to deem that there was no intent to repay the instant loan in light of the fact that he trusted the H’s promise to repay the instant loan with his ability to operate a entertainment business establishment and the profits of the game room that he operated separately; and (c) the Defendant actually offered the instant loan and the claim for the refund of the lease deposit equivalent to the same amount as the instant loan to the victim as security; and (d) it is difficult to view that the Defendant acquired the instant loan from the victim without the intent or ability to repay the loan at the time

Examining the reasoning of innocence in the judgment of the court below closely by comparing it with the records, the above judgment of the court below is just and acceptable, and even if the witness H’s statement in the court room is neglected, it is insufficient to reverse this conclusion.

Therefore, prosecutor's assertion is without merit.

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