The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and the evidence submitted by the prosecutor, such as the defendant's economic situation and the victim's statement, it can be recognized that the defendant deceivings the victim to acquire money.

Nevertheless, the court below erred by misapprehending the legal principles.

2. In full view of the evidence examined by the court below, it appears that the defendant used the victim's intellectual condition or relative relationship with the victim in the course of lending money from the victim several times, such as the statement in the crime list of this case. However, the evidence submitted by the prosecutor alone, without any reasonable doubt, proves that the defendant deceivings the victim about the intent of repayment or ability to repay as stated in the facts charged of this case.

It is difficult to see it.

In accordance with the legal principles of the judgment of the court below, there was a violation of law by mistake of the facts charged.

shall not be deemed to exist.

3. The appeal by the conclusion prosecutor is dismissed.