The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case even though the defendant could sufficiently recognize the fact that the defendant had by deceiving the damaged company even though the defendant did not have the intent or ability to repay, but the court below acquitted the defendant of the facts charged in this case. The judgment below erred

2. Examining the evidence of this case in detail in light of the records, the court below, on the grounds stated in its reasoning, has already held the intent to commit fraud at the time of lending by the defendant, or has deceiving the damaged company actively or passively, or has a relation between the defendant's deception and the act of disposal by the damaged company.

It is difficult to see

In light of the facts charged in this case, the disposition that judged the innocence is just and acceptable, and there is no error of misconception of 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 grounds that the appeal is without merit. It is so decided as per Disposition.