The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged of this case even though it can be sufficiently recognized that the defendant was not a donation from C to the victim company, but the amount borrowed from the victim company, and that the defendant had no intent to repay the above money from the time the defendant was remitted.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the facts charged of the instant case on the ground that the evidence presented by the prosecutor alone is insufficient to recognize the fact that the Defendant had no intention to repay the instant KRW 20 million at the time of receiving the remittance, and that there was no other evidence to acknowledge this otherwise.

In addition to the circumstances revealed by the court below's evidence duly adopted and examined, the court below's decision is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment, in light of the following: (a) the defendant and the network C lent money from several hundred million won to several times to repay; (b) there is no other circumstance that the defendant avoided or delayed the repayment of the borrowed money; and (c) the defendant was able to assert that C received "donation" or already repaid the said money with the intention to not pay the said money after the death of the defendant; (d) however, it is difficult to conclude that the defendant had no intention to repay the above money at the time of borrowing the money on the basis of the following circumstances, and there is no error of law that affected the conclusion of the judgment, contrary to the prosecutor's assertion.

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.