The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant could be found to have obtained a sum of KRW 36.4 million by deceiving the victim without the intention or ability to repay, and acquired it as a loan, so the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on the facts charged of this case on the grounds that it is difficult to deem that the facts charged of this case, on the sole basis of the evidence submitted by the prosecutor, did not have the intent and ability to repay, by deceiving the victim, was proven beyond reasonable doubt.

In light of the evidence duly admitted and investigated by the court below, the court below's determination of not guilty of the facts charged in this case is just and acceptable, and it cannot be deemed that there was an error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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