The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal and the testimony of the witness of the court below, the defendant was aware of the fact that the above purchase price was unpaid at the time of the transfer of membership of this case, or at least did not have the awareness thereof.

As such, at the time when the defendant entrusted the sale and purchase of the membership of this case, the fact that the purchase price of the membership of this case was unpaid was recognized.

For the reason that it is difficult to see that the defendant had a criminal intent of deceiving the victim as if the sale price of the above membership was paid in full or deceiving the defendant at the time.

The judgment of the court below which did not recognize is erroneous in the misapprehension of facts and legal principles.

2. The lower court comprehensively reviewed the evidence duly adopted and investigated in light of the records. Based on the circumstances stated by the lower court, the lower court deemed that “the Defendant, while recognizing the fact that the sales price of the membership of this case was unpaid at the time when the Defendant entrusted the sale of the membership of this case, he/she deceivings the victim as if the sales price was fully paid, or had a criminal intent to commit fraud

For the reason that it is difficult to recognize the Defendant’s not guilty of the facts charged in this case, it is reasonable to find the Defendant guilty (Provided, That the judgment of the court below is erroneous in the misapprehension of the legal principles as to “the Defendant operated” under Article 2 of the summary of the facts charged in the judgment of the court below, and there is a error of misconception of facts or misapprehension of the legal principles alleged by the prosecutor.

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 grounds that the appeal is without merit. It is so decided as per Disposition.