The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor in the records of this case, the judgment of the court below which acquitted the defendant of the facts charged of this case, despite the fact that the defendant had the criminal intent to obtain money from the victim F with the intention to obtain the money by deception, is erroneous in the misapprehension of facts.

2. Evidence that there is a criminal fact in the judgment criminal procedure should be presented by the prosecutor, and criminal facts should be proven by the judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, there is a suspicion of guilt against the defendant even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

(1) The court below’s determination of not guilty of the facts charged in this case on the basis of the circumstances stated by the court below is justified, and there is no error of law of misunderstanding of facts, such as the prosecutor’s assertion, inasmuch as the evidence submitted by the prosecutor on the records of this case alone appears to have not been proven to the extent that it excludes reasonable doubt as to the facts charged in this case.

Therefore, the prosecutor's above assertion is not accepted.

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.