The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the defendant's statement and evidence such as the defendant's property status at the time of borrowing the defendant's investigative agency to the effect that "in the event that the debt is increased and the loan is not made by the lender, the defendant borrowed money from the victim," the court below acquitted the defendant of the facts charged of this case on the ground that the defendant did not have the intent or ability to repay, but it is erroneous in the misapprehension of the fact that the defendant did not have the intent to obtain the money by deception,

Judgment

In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

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

(See Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). A thorough examination of the evidence duly adopted and investigated by the court below in light of the records, the court below's determination that there was a certain income from the defendant at the time of borrowing money from the victim, and the fact that the defendant has already borrowed money from the victim and has already repaid the money, and thus, it cannot be readily concluded that there was a criminal intent to defraud the defendant, based on the circumstances as stated in its reasoning, is just and there is no illegality in the misconception of facts alleged by the prosecutor.

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.