The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is that the defendant and the complainant entered into the instant transfer contract in the process of the liquidation of the partnership business, which was practically in a partnership business relationship, and thus, the defendant cannot be deemed to have a duty to maintain and repair the contract. However, the defendant acquired the program and server system of this case from the complainant by deceiving the complainant by avoiding his/her duty to pay the acquisition price on the ground of his/her failure to perform the contractual duty. The defendant was not only the ability to pay the acquisition price from the time when the contract was entered into, but also had no intention to do so. However, the court of first instance erred

2. Examining the reasoning for not guilty of the judgment of the court of first instance and the evidence submitted in comparison with the allegations of the defendant, a thorough examination of the reasons for not guilty of the judgment of the court of first instance and the facts charged is conducted. However, in light of the detailed circumstances as stated in the first instance court in detail, the defendant concluded the contract of this case by deceiving the complainant with the intention to acquire the program of this case and server system without compensation from the time when the contract of this case was concluded to exclude the complainant without compensation, and it is difficult to see that the defendant did not have any intention or ability to pay the proceeds of the acquisition, and the judgment of the court of first instance acquitted the defendant about the facts charged of fraud is just, and it is not reasonable that the court of first instance acquitted the defendant about the facts charged of fraud for this reason, and since there was no additional evidence or other new evidence to prove the criminal intent to acquire the defendant, the prosecutor's allegation of facts is without merit

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.