The prosecutor's appeal is dismissed.

1. According to the evidence related to the summary of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, although the Defendant, even if she borrowed money, was unable to repay it with the money sold to the victim on June 15, 2009, even though she did not have the intent or ability to repay it, and acquired by deception 30 million won from the victim.

The judgment of the court below is erroneous in incomplete deliberation and misapprehension of legal principles.

2. The lower court determined that there was no proof of the Defendant’s criminal intent to acquire the instant money at the time of borrowing the money in light of the circumstances stated in its reasoning.

According to the evidence duly admitted by the court below, the following circumstances can also be acknowledged:

After borrowing money from the victim, the Defendant appears to have made efforts to repay the money by disposing of the telecom, etc., and the first intention was changed, but actually repaid KRW 10 million in such a way.

In addition, there was a possibility that a significant portion of the above borrowed loan can be repaid even with the operating profits of the cartels, etc.

The price of the telecom, etc. is flexible depending on the market price, and the loan of this case was not significant compared to this.

It is difficult to readily conclude that the Defendant did not have any intent or ability to repay money at the time of borrowing money from the victim solely on the fact that the Defendant’s obligation exceeds or was equivalent to part of the market price of the telecom, etc.

The fact-finding and decision of the court below is just, and there is no error of law that affected the conclusion of the judgment due to incomplete deliberation and misapprehension of legal principles.

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.