The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) the evidence submitted by the Prosecutor, the Defendant, without notifying the victim of the actual ability to repay the principal and interest within one month, can sufficiently recognize the fact by deceiving the Defendant as if he would be able to repay the principal and interest within the said month.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. The circumstances duly admitted by the lower court based on the evidence duly admitted and examined by the lower court, i.e., additional circumstances acknowledged by the same evidence, i.e., the Defendant, at the time of borrowing the instant loan, actively testified about the intent to repay to the victim, the ability to

In light of the fact that it is difficult to find out the circumstances, the evidence of this case alone based on the judgment of the court below is insufficient to recognize that the defendant has a criminal intent of deception or deception.

In light of the above, the court below's decision that the defendant was not guilty of the facts charged of this case is just and acceptable, and since no new evidence corresponding to the facts charged of this case was submitted in the court below, there was an error of law that affected the conclusion of the judgment by misconception of facts as pointed out by the prosecutor

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake 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 prosecutor's appeal is without merit. It is so decided as per Disposition.