The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case on a different premise, which affected the conclusion of the judgment, even though the defendant knew that Samsung Gallon (S4) was in the state of malfunction at the time of sale of Samsung Tallon (hereinafter “S4”), as stated in the judgment of the court below.

2. Determination

A. A. On February 10, 2015, the summary of the facts charged in the instant case, the Defendant: (a) connected the Internet website C Building 502, Daegu Northern-gu, the Defendant’s residence, to the “China-gu,” and posted a letter of sales of S4 mobile phones when galloning the Internet site “S4 mobile phone; and (b) made a false statement to the victim D who reported and contacted this letter, stating that “I would sell S4 mobile phones when gallon which would normally operate if transferred KRW 150,000 to the victim D.”

However, in fact, the Defendant had no intention or ability to sell the mobile phone normally operated by the victim even if he/she receives money from the victim, because the Defendant thought that he/she would sell the mobile phone that does not transmit to the other party the voice of the user.

As such, the Defendant, by deceiving the victim, received 150,000 won from the company bank account (number E) under the name of the Defendant as the sales proceeds of mobile phones from the victim and acquired it by transfer.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant sold Samsung Gallon 4 (hereinafter “instant portable phone”) to the victim with knowledge that the Defendant was in the state of breakdown at the time of selling Samsung Gallon ju (hereinafter “instant portable phone”).

The facts charged in this case are insufficient to recognize, and there is no other evidence to prove the facts charged.