The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (the fact-finding) of the defendant's participation and role recognized by the victim's statement, the court below acquitted the defendant even though the defendant conspireds with D and acquired money from the victim, which affected the conclusion of the judgment by misunderstanding the facts.

2. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge the facts charged of this case where the Defendant conspired with D to obtain money from the victim, and there is no other evidence to acknowledge it, in light of the fact and circumstances revealed by the evidence duly adopted and investigated by the lower court.

Examining the judgment of the court below closely with the records, such judgment of the court below is just, and the prosecutor's assertion is without merit.

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