The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the acquittal part of the judgment below), the court below erred by misapprehending the facts and affecting the conclusion of the judgment, although it is possible to acknowledge the criminal intent and deception of the defendant as to each of the charges of fraud C and D.

2. Determination

A. The finding of guilt ought to be based on evidence with probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of a criminal intent, which is a subjective element of fraud.

B. The lower court found the Defendant not guilty of this part of the facts charged while sufficiently explaining the grounds for its determination.

(c)

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the evidence submitted by the prosecutor alone to the extent that this part of the facts charged is beyond reasonable doubt.

Therefore, the judgment of the court below that acquitted the above facts charged did not err by misapprehending the facts as alleged by the public prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.