The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant, by deceiving the victim and receiving money in the name of the borrowed money, received the money, and subsequently, acquitted the Defendant of this part of the charges

2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;

Even if so, it cannot be disadvantageous to the defendant, and criminal facts must be proved by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is inevitable to determine the interest of the defendant even if there is suspicion of guilt against the defendant (see Supreme Court Decision 2007Do163, Nov. 30, 2007, etc.). Examining the reasons for innocence among the judgment of the court below in light of related evidence and records, it is reasonable to determine that the court below determined that there is insufficient evidence to acknowledge that the defendant had a criminal intent of deception and deception, and that the court below acquitted the defendant of the facts charged of this case on the ground that the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, according to Article 25(1) of the Rules on Criminal Procedure, the “No. 11, 201” of the judgment of the court below No. 4 is changed to “No. 15, 2013.”