The prosecutor's appeal is dismissed.

1. Comprehensively considering the evidence submitted by the prosecutor of the gist of the grounds for appeal, the circumstance can be acknowledged that the Defendant, without any explanation, provided air conditioners more valuable than the freezing machines originally promised with the victim, and the air conditioners provided by the Defendant did not reach the level of the victim’s desired performance. In light of the above circumstances, the Defendant’s intent of deception and deception can be sufficiently recognized.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. The lower court determined that the instant act by the Defendant constitutes deception solely based on the evidence submitted by the prosecutor on the grounds as stated in its reasoning.

The defendant was acquitted on the ground that it is not enough to recognize that the defendant was guilty of fraud or that there was a criminal intent to commit fraud.

In light of the circumstances described in the judgment of the court below and the evidence duly adopted and examined by the court below, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

In other words, the installation of a cooling system that maintains temperature suitable for mushroom cultivation is deemed to be the main purpose of the original contract between the defendant and the victim, and in light of the amount of the installation cost in this case and the expenses incurred by the defendant in implementing the contract, the subsequent process of transaction execution, etc., the defendant deceiving the victim.

It is difficult to conclude that there is a criminal intent to acquire fraud or to acknowledge it otherwise.

Therefore, the prosecutor's above 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. It is so decided as per Disposition.