The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant was in a situation different from the Defendant’s debt at the time of borrowing money from the victim D, and used the money borrowed from D for the purpose of repaying another’s debt.

In light of the above circumstances, the defendant could recognize the fact that he, although he did not have the ability to repay and intent to repay, deceiving D with regard to the place of use of money, or by deceiving D to borrow money from it.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.

2. The lower court, based on the detailed circumstances stated in the “2. Judgment” item of the judgment, borrowed money by deceiving D in the absence of the Defendant’s intent and ability to repay, on the sole basis of the evidence submitted by the Prosecutor.

or to the extent that it is not sufficient to recognize that it borrowed money by deceiving D with regard to the place of use of money.

“For the reasons that it was not guilty of the facts charged in this case.

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and it cannot be viewed that there is an error of mistake of facts as pointed out by the prosecutor in the judgment below.

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