The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) was finalized and the decision to dismiss an application for a ruling related to the instant case became final and conclusive, based on each of the statements of P, Q and I, etc., the Defendant, before committing the instant crime, tried to pass the right to develop the D mine to H by the same veterinary method as the previous crimes, but was later confirmed that the instant contract was not sexually lost on the grounds that the ownership of the mining area is unclear and economic feasibility is nonexistent.

Therefore, this case is a case where important evidence is found to the extent that the decision to dismiss an application for adjudication becomes final and conclusive.

Nevertheless, the court below rejected the evidence without reasonable grounds and rendered a judgment dismissing a public prosecution by finding only the defendant's assertion. Such judgment of the court below is erroneous in the misapprehension of legal principles as to the criminal intent by deception, and in the misapprehension of legal principles as to Article 262 (4) of the Criminal Procedure Act, which affected the conclusion of the judgment.

2. Determination

A. The summary of the judgment of the court below is on the premise that “where another material evidence is discovered” in the latter part of Article 262(4) of the Criminal Procedure Act and the new evidence has been discovered after the decision of dismissal of an application for a ruling, and that it is limited to the case where, in terms of ensuring the legal stability with respect to the defendant, the above newly discovered evidence is found to the extent that it would obviously lead to conviction of guilt if the newly discovered evidence is added to the evidence before the decision of dismissal of the application for a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling on a ruling, Seoul High Court Order 2570 dated September 13, 2013 (hereinafter “the decision in this case”), which was additionally collected or submitted by the prosecutor, and the prosecution in this case did not discover “other material evidence” as provided in the latter part of Article 262(4) of the Criminal Procedure Act, and the procedure for the indictment in violation of law.