The prosecutor's appeal is dismissed.

1. In light of the fact that the Defendant, at the time of new construction for the new construction of this case, later later remitted the down payment for the new construction of this case, and that there is no specific plan to complete the construction in accordance with the agreed construction date, the charges of this case may be fully recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

2. The lower court rendered a not guilty verdict on this part of the facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts as alleged by the prosecutor in the judgment below which acquitted the Defendant of the facts charged of this case.

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