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The prosecutor's appeal is dismissed.
Reasons
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, it is insufficient to recognize that the court below, based on the evidence submitted by the prosecutor for the reasons stated in its reasoning, by deceiving the damaged company and deceiving it, even though the defendant did not have any intent to repay at the time of the loan of this case.
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.