The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the fact that the defendant did not have any value of collateral, and the defendant did not have any intent or ability to repay the borrowed money to the victim because there was no specific property or income.

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of the facts charged in this case.

Therefore, prosecutor's assertion is without merit.

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