However, the court below acquitted the Defendant of this part of the facts charged on the ground that the Defendant did not prove that the Defendant did not pay 1.75 million won out of 1950,000 won to the victim. The court below erred by misapprehending the facts.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the court below's finding the defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone, based on its stated reasoning, is insufficient to recognize that the defendant did not pay 1.75 million won out of 1950,000 won to the victim, and that there is no other evidence to acknowledge this, is just and acceptable, and there is no error of misunderstanding of facts as alleged in the grounds for appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.