사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) paid the defendant the above money in the name of the acquisition price of the room in this case, and the defendant used the above money as the operating price of the room in this case, it is reasonable to deem that the defendant deceivings the victim and defrauds the victim KRW 80 million from the victim.
Therefore, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts.
2. The court below rendered a not-guilty verdict against the defendant on the grounds as stated in its holding, and examined the various circumstances recognized by the court below closely by comparing them with records, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.
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.