The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors) was as follows: (a) at the time of the instant case, C’s debt amount was equivalent to KRW 1.7 billion; (b) the Defendant used the money received from the victim for the repayment of its debt; and (c) the Defendant, regardless of the delivery of five distributions of the said company; and (d) the Defendant agreed to deliver all KRW 8,000 until August 10, 2016 at the time of the first agreement; (b) the Defendant supplied KRW 4,000 at around September 13, 2016, which was over the agreed time limit; and (c) the remaining KRW 4,00,000, which did not have been delivered until now; and (d) the Defendant was not guilty of the Defendant’s intent to deliver five distributions normally at the time of delivery of KRW 3.7 million from the victim; and (e) the lower court determined that the Defendant was not guilty of the facts charged by deceiving the victim, despite the fact that the Defendant did not have any other capacity to deliver it to the victim.

2. In light of the records, the court below acquitted the defendant of the facts charged in this case on the grounds of the circumstances stated in its ruling on May 20, 2016, on the ground that there is insufficient proof of the defendant's intent to commit deception or fraud. In light of the records, a thorough examination of the judgment of the court below, including the circumstances pointed out by the prosecutor in the grounds for appeal, the court below is justified to find the defendant not guilty on the ground that there is insufficient evidence to prove the facts charged in this case, and there is no error of law by mistake of facts alleged by the prosecutor

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.