The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant was well aware at the time of entering into the instant design service contract, that the injured person had been in a state of supplementing the grounds for non-permission for substantial repair and change of the purpose of use; and (b) received a large amount of down payment from the injured person on an exceptional basis, even though he did not endeavor to perform the contract, and unilaterally changed the terms and conditions of the contract to entirely different from those of the original contract and made a proposal that the victim cannot accept. In full view of these circumstances, the Defendant can be fully found guilty of the facts charged in the instant case that the Defendant acquired 200 million won of the down payment from the damaged person without intention or ability to obtain permission for substantial repair and change of the purpose of use within

2. On the grounds indicated in its reasoning, the lower court, based on its reasoning, acquitted the victim against the principle of good faith that the Defendant should observe widely at the time of entering into the instant design service contract, and delivered money to the Defendant by deceiving the victim.

The defendant was acquitted on the ground that there was no proof of the facts charged in this case for lack of reasoning. In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.

Therefore, 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.