The prosecutor's appeal is dismissed.

1. Reasons for appeal;

A. Although the Defendant, at the time of entering into the instant contract, forged a considerable number of land purchase contracts, etc., the Defendant deceivings the victim as if the purchase of the land was completed at least 80% within the instant business area, and paid down payment to the victim. Therefore, the lower court erred by misapprehending the facts, thereby acquitted the Defendant of fraud among the facts charged in the instant case.

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts in light of the records, the evidence of this case, based on the judgment of the court below, which was based on the judgment of the court below, led the defendant to deceiving the victim about the purchase of land and its ratio at the time of concluding the contract of this case

On the grounds of insufficient recognition, the measures that judged not guilty of fraud among the facts charged in the instant case are just and acceptable, and there was no submission of new evidence corresponding to the facts charged in the instant case in the trial. As such, there was an error of misunderstanding of facts as alleged by the prosecutor in the lower judgment.

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake is without merit.

B. According to the instant argument and records regarding the determination of the illegality of sentencing, the lower court appears to have been reasonably determined by fully considering the various sentencing grounds asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

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