The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is seventy years old, and the complainant who refused to prepare a noise prevention memorandum also has no reason to conclude a contract for the acquisition of the small theater in this case with very unfavorable contents, and it can be acknowledged that the complainant prepared the document by deceiving the defendant as alleged by the complainant.

2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the facts charged, and thereby exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence, or exceeding the bounds of the principle of free evaluation of evidence.

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.