The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the money that the Defendant received from the victim was the borrowed money that was to return to the victim after two months, not the investment money, and that at the time K was uncertain whether it would be possible for the victim to set up a pledge on the right to collateral security in its name; that there were several necessary procedures, instead of the end of the business that the Defendant had been running, and that the Defendant promoted the business again by a single judgment for the recovery of investment money even though the business that had already been run together with L had already been in progress with L, even though it had been in progress before, it is recognized as a criminal intent of the Defendant’s deception and fraud.

However, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts.

2. Based on the evidence duly adopted and investigated by the court below, the court below found the defendant not guilty on the ground that it is difficult to recognize that the evidence submitted by the prosecutor alone, based on the facts charged in this case, was the criminal intent of defraudation, and there is no other evidence to acknowledge it, and therefore, the facts charged in this case constitutes a case where there is no evidence to prove the crime. In a thorough comparison with the records in this case and the reasoning of the judgment of the court below, the court below's above decision is acceptable, and it is judged that there is no error of law

Therefore, the prosecutor's above assertion is without merit.

3. 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.