The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (misunderstanding of facts), it can be recognized that there was a criminal intent to acquire by deceit to the defendant at the time of this case

2. The lower court determined that the evidence submitted by the prosecutor alone led the victim to the ability to repay and the intention to repay with the criminal intent to acquire money from the injured party at the time of borrowing money from the injured party.

It was judged that there was a lack of recognition.

The judgment below

Examining the reasoning in light of records and evidence, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as argued by the prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.