The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is to recognize the criminal intent of defraudation by the defendant in light of the circumstance in which the defendant applied for individual rehabilitation with only a part of the interest on the loan of this case and the economic situation in which the defendant was faced at the time of the loan of this case.

2. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime before and after the crime, and the process of transaction performance (see, e.g., Supreme Court Decision 2010Do6659, May 10, 2012). A thorough examination of the evidence of this case in light of the records and legal principles, the judgment of the court below that acquitted the Defendant of the facts charged in this case for the reasons indicated in its reasoning is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor

Therefore, prosecutor's assertion is not accepted.

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