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The prosecutor's appeal is dismissed.
Reasons
1. In light of the statement of the persons related to the summary of the grounds for appeal and the fact that the Defendant did not submit any evidentiary data regarding the timing of receiving the purchase price received from G, the period of resale of the Defendant’s right to sell in lots after June 14, 2016. The lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment, since the lower court acquitted the Defendant on the charge of resale on or around June 2, 2016.
2. The lower court rendered a not-guilty verdict on the relevant facts charged while sufficiently explaining the grounds for its determination.
Examining the evidence duly adopted and examined by the court below and the trial court in light of the record, the evidence alone submitted by the prosecutor cannot be deemed as having proved that this part of the facts charged is beyond a reasonable doubt. Thus, the judgment below which acquitted the public prosecutor of the facts charged of this case, did not err by mistake of facts as alleged by the public prosecutor
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.