The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not have the intent or ability to repay the funds borrowed by the victim with the construction cost or another property, but the lower court erred by misapprehending the facts charged and thereby adversely affecting the conclusion of the judgment.

2. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court found the Defendant not guilty of the instant charges on the ground that the evidence submitted by the prosecutor alone cannot be readily concluded as having no intent or ability to repay to the victim, and that there is no other evidence to acknowledge it.

On the other hand, even if the court below's testimony was added to the evidence duly adopted and examined by the court below, the above judgment of the court below is justified, and there is no error of law of misunderstanding of facts as alleged by the public prosecutor.

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.