The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal consistently states the fact of damage to the victim, and according to the witness’s statement, the defendant was not capable of mediating the transaction of Manaium non-recium non-consium

In light of the facts that can be seen, the court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant's liability for the crime can be recognized.

2. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial against the board of directors, and the conviction should be based on the evidence with probative value sufficient to cause a judge to believe that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined in the interests of the defendant (see Supreme Court Decision 94Do3309 delivered on April 12, 1996). The court below directly examined witnesses E, F, and G in person, and acquitted the defendant of the facts charged in this case while explaining the reasoning for the judgment. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone proves that there is no reasonable doubt that the defendant, by deceiving the victim who did not have the intent or ability to purchase the non-performance, had the victim acquire five million won or more.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case cannot be seen as being erroneous as alleged in the prosecutor’s assertion.

subsection (b) of this section.

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