Although it is possible to recognize the fact of deceiving “the sum of KRW 60 million by deceiving”, the lower court erred by misapprehending the facts and thereby acquitted the Defendant of the instant facts charged.

2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, based on the judgment of evidence in the court below, it is hard to believe that the victim's statement as shown in the facts charged is consistent with the judgment of the court below, and ② the evidence in this case alone is sufficient to resell the households in which the defendant joined the victim as a member and sold the shares

(b) The fact of deceiving the victim is sufficiently proven to the extent that there is no reasonable doubt

The court below's decision that the defendant was not guilty on the ground that it is insufficient to view the facts charged in this case is just and acceptable, and since no new evidence corresponding to the facts charged in this case was submitted in the trial, there was an error of mistake of facts as alleged by the prosecutor in the judgment of the court below.

It does not seem that it does not appear.

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.