The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (misunderstanding of facts) around January 2014, Defendant 1’s financial status and operating status, etc., the lower court, as stated in the facts charged, found that, at the time when the Defendant received a fraternity, loan money from H, or delivery of the fraternity money from J, as stated in the facts charged, the Defendant had the intent or ability to pay or repay the fraternity money, loan money, or fraternity money, and thus, had the criminal intent to commit fraud. However, the lower court erred by misapprehending the facts, thereby finding the Defendant not guilty of the facts charged of this case.

2. The lower court found the Defendant not guilty of all the facts charged of this case while explaining in detail the grounds for the determination on the existence of the criminal intent to obtain fraud at the time of the act recorded in the facts charged.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor is sufficient to prove that the criminal intent to defraud the defendant is beyond a reasonable doubt.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged in this case does not err in the misapprehension of facts as alleged by the public prosecutor.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.