The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the court below acquitted the defendant of the facts charged in this case, although the defendant could have acquired money from the victim as shown in the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(1) In light of the relevant evidence and records, the lower court, on the grounds stated in its reasoning, dismissed the Defendant at the time of the loan of this case (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007).

The decision of not guilty on this part of the facts charged is justified, on the ground that it is not sufficient to recognize that the victim had made the loan in this case because of the Defendant’s deception, or that the victim had made the loan in this case, and there is no sufficient evidence to deem that the facts charged in this case did not constitute a high probability beyond the suspicion of conviction, and the prosecutor’

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.