The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant used the money received from the victim for a purpose not superior to the purchase of land, and if the victim knew of such circumstances, he did not pay the money to the defendant. Therefore, the criminal intent of deception and fraud of the defendant is recognized.

However, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts.

2. The court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone, based on the evidence duly adopted and investigated by the court below, is insufficient to acknowledge the criminal intent of acquiring the defendant, and there is no other evidence to acknowledge this, and therefore, the facts charged of this case constitutes a case where there is no evidence to prove the crime. In light of the records of this case and the reasoning of the judgment of the court below closely comparing the above, the court below's above decision is acceptable, and even if the prosecutor's grounds for appeal alleged by the prosecutor were examined, there is no error of misconception of facts ( even if the amount paid to the defendant was not used as land purchase fund, as it was, since the defendant actually paid the price to the seller at that time and purchased the land, it cannot be viewed that the court below's decision was erroneous merely because the prosecutor alleged by the prosecutor). Accordingly,

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.