The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, although the defendant can be recognized that he acquired the pecuniary gain equivalent to KRW 1,418 won from tax exemption marginal profit on the fishery gasoline 1.5 liter as stated in the facts charged in the judgment below, the judgment of the court below which acquitted the defendant as to this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

Judgment

The lower court duly admitted and investigated the following circumstances, i.e., ① the Defendant provided the duty-free gasoline 100liters for the fishery of this case, thereby committing a deceptive act against the employees in charge of handling the duty-free petroleum of Seosan Fisheries Cooperatives.

In full view of the following facts: (a) there is no evidence to prove which mistake occurred to the above employees, etc.; (b) if the Defendant provided 100-liters of duty-free gasoline 100-liters of fishing in accordance with normal procedures as stated in the facts charged in the instant case, it is difficult to conclude that the Defendant had any intent to commit fraud at the time when he was supplied with all of the above duty-free gasoline 100-liters of fishing; and (c) there is no other evidence to prove that there was any new deception even at the time of using the above duty-free gasoline 1.5-liters of fishing, the evidence submitted by the Prosecutor alone is insufficient to find the Defendant guilty of this part of the facts charged, and there is no other evidence to prove this otherwise.

Therefore, the prosecutor's above assertion is without merit.

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