The prosecutor's appeal is dismissed.

1. Although the Defendant and E borrow money from the damaged party, they conspired to borrow money without intent or ability to repay until the due date, and thus, the facts charged in the instant case must be found guilty.

However, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged on the ground that “The evidence submitted by the prosecutor alone is insufficient to acknowledge that the instant facts charged that the Defendant, in collusion with E, obtained 80 million won from the injured party, was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

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