The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the facts charged of this case, where the defendant deceivings the victim and delivers money to the defendant according to the evidence submitted by the prosecutor, such as the statement of the victim (the factual error and the misapprehension of legal principle), is erroneous in the misapprehension of legal principles or the misapprehension of legal principles which affected the conclusion

2. The lower court determined that the evidence submitted by the prosecutor in light of these facts and circumstances alone is insufficient to recognize that the Defendant was unaware of the victim’s ability to repay, and that there was no intention to repay, and that there was no other evidence to acknowledge otherwise.

Examining the judgment of the court below closely with the records, such judgment of the court below is just, and the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.