The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty on the ground that the defendant borrowed 2.7 million won from the injured person without the intention or ability to repay, but the court below found the defendant not guilty on the ground of misconception of the fact.

2. The court below held that the evidence produced by the prosecutor alone had the intent to deceive the victim or to defraud the defendant.

On the ground that it is difficult to conclude it, the lower court acquitted the charges.

According to the records, the above judgment of the court below is just, and the prosecutor's above 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.